TARACHAND ARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition under S. 397 read with S. 401 Cr. P. C against the judgment, dated July 12, 1988, passed by Addl. Sessions Judge, Karauli in an appeal against the judgment of Addl. Judicial Magistrate, Karauli who convicted the petitioner for offence under S. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") and sentenced to six months' simple imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo six months' simple imprisonment.

(2.) BRIEF facts giving rise to this petition are that a complaint was filed by the Food Inspector, Shri Govind Prasad Verma, that he inspected the premises of M/s Tarachand Narendra Kumar, Bara Bazar, Masalpur on September 30, 1983. and obtained a sample of mustard oil, Vanaspati Dal etc. and sent the articles for analysis to the Public Analyst. On a report from the Public Analyst he found that the mustard oil did not conform to the prescribed standard of purity and hence adulterated. After obtaining necessary sanction a complaint was filed before the Addl. Chief Judicial Magistrate, Karauli who tried the accused. The accused-petitioner appeared in the court and moved an application on April 7, 1988 purported to be one under S. 13 (2) of the Act. Seeking reexamination of the sample at Central Food Laboratory. This application was allowed and the sample was ordered to be sent to Central Food Laboratory, Gaziabad. This report also indicated adulteration and the learned courts below relying on the same convicted and sentenced the accused-petitioner as indicated above.