RAMJI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application in revision filed by Ramji Lal convict against the judgment of the Additional Sessions Judge No. 2, Alwar, dated 2nd June, 1976 by which the petitioner's conviction and sentence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, was confirmed and maintained. The petitioner was tried and found guilty of the aforesaid effence by the Chief Judicial Magistrate, Alwar, on 8th February, 1975. The Chief Judicial Magistrate Alwar, awarded the minimum sentence of 6 month's simple imprisonment and a fine of Rs. 1000/., to the petitioner and further ordered that in default of payment on tine the petitioner shall undergo simple imprisonment for two months; Aggrieved by his conviction and sentence, the petitioner filed an appeal in the court of the Sessions Judge, Alwar, where -from it was transferred to the Additional Sessions judge No. 2, who dismissed it on 2nd June, 1976, as stated above.

(2.) THE prosecution case against the petitioner was that on 2nd September, 1968, he was found selling Ghee in Mohalla Phuti Khail, Alwar. Shambhu Dutt, Food Inspector, purchased a sample of Ghee from the petitioner and divided the sample into three equal parts and filled each part in a dry clean bottle which was sealed and labeled properly in the presence of Motbirs. The Food Inspector gave one bottle out of them to the petitioner, me was sent to the Public Analyst along with the sample of the seal for (ending his report and the thud was retained in the office of the Municipal Council, Alwar. The Public Analyst sent a report that the sample of Ghee was adulterated as it did not conform to the prescribed standard of purity. The result of the analysis was declared by the Public Analyst as follows: 1. Butyro refracto meter reading at 40.c. 48.7 2. Reichert value 13.0

(3.) MOISTURE 10.64%