RAJVIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Munsif & Judicial Magistrate, Gangapur City convicted tbe accused-petitioner vide his judgment dated June 16,1975 under sec. 7/16 of the Prevention of Food Adulteration Act, 1954. (hereinafter referred to as the Act) and sentenced him to undergo six months rigorous imprisonment and a fine of Rs. 1,000. He preferred an appeal before the learned Additional Sessions Judge, Gangapur City, who, while upholding the conviction of the accused-petitioner under Sec. 7/16 of the Act, modified the sentence and sentenced the accused-petitioner to one and a half months rigorous imprisonment and a fine of Rs. 1,000.00 or in default to further suffer 15 days simple imprisonment. Hence this revision.

(2.) The revision arises in the following circumstances.

(3.) Shri S. L, Santoshi (PW1) Food Inspector, Municipal Board, Gangapur City, visited the Oil Mill of M/s Lohiya Industries, Nehar Road, Gangapur, on March 27, 1974 at about 1.30 P. M. He noticed that in the Oil Mill 9 drums of groundnut oil were stored for purposes of sale. He grew suspicious about their purity and noticed that the accused-petitioner was present there. The Food Inspector purchased 375 Grams of groundnut oil under receipt (Ex. P 2) from the accused petitioner. It was divided in three samples and each sample was duly wrapped, corked and sealed in the presence of Motbirs. One of the samples was sent to the Public Analyst for examination and the Public Analyst found that all the constituents were in accordance with the prescribed standards of purity contained in Appendix A item A 17.03 of the Food Adulteration Rules, 1955 hereinafter referred to as the Rules but it was found to be rancid and as such adulterated. After obtaining the sanction of the local authority, a complaint was filed against the accused petitioner, and the learned Magistrate after trial convicted and sentenced the accused, as stated. In appeal, only the sentence was modified.