- (1.)The applicant was convicted for the offence punishable under section 7/16 (1) of Prevention of Food Adulteration Act (hereinafter it will be referred to as the 'PF Act') vide judgment dated 4.2.1997 passed by the Additional Chief Judicial Magistrate, Multai, District Betul in criminal case No.557/1985 and sentenced for 6 months' rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.19/1997, the learned Additional Sessions Judge, Multai, District Betul vide judgment dated 25.3.1998 dismissed the appeal filed by the applicant in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.
(2.)The prosecution's case, in short, is that, the Food Inspector Shri K.S.Pancholi (P.W.1) was posted to look after the adulteration cases in the entire Betul district. On 23.5.1985, at about 9.30 a.m., he was sitting at Multai Check-post No.3 at Betul. He was accompanied by other Food Inspectors. The applicant was found coming towards the township of Betul, having a can containing 5 liters of milk. On enquiry, he told that it was a cow milk. The Food Inspector made the milk homogeneous and a sample of 750 ml of cow milk was taken. Three parts of were made up of that sample and all the parts were duly sealed. Slip of local health authority was also affixed on each of the part. One of the part of sample was sent to the public analyst and remaining two samples were deposited with the local health authority. Various memos were prepared relating to the procedure of sampling. The public analyst by a report, Ex.P/ 11 dated 6.6.1985 informed that the percentage of solid fat and solid not fat were too low in the sample and therefore, sample was adulterated. After taking prosecution sanction, a complaint was filed before the trial Court.
(3.)The applicant abjured his guilt. He did not take any specific plea in the matter. He has simply stated that he was falsely implicated in the matter. However, no defence evidence was adduced.