DEEN DAYAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a criminal revision petition under Sec. 397 read with Sec. 401, Crimial P.C. against the judgment dated 23rd Oct., 1990, passed in Cr. Appeal No. 64/1988 by the Addl. Sessions Judge No. 1, Alwar upholding the conviction & sentence imposed by the Chief Judicial Magistrate, Alwar in Cr. Case No. 104 1979 vide judgment dated 19th March, 1987 under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) It was on 26th July, 1978 that the concerned Food Inspector-cum-Dy. CM & HO (Health), Alwar took a sample of til oil from the shop known as M/s. Data Oil Mill, Kedal Ganj, Alwar in the presence of the petitioner. The sample was sent for chemical analysis to the Public Analyst, Alwar, who gave his report on 2nd Aug., 1978 as under:- <FRM>JUDGEMENT_51_LAWS(RAJ)12_19911.html</FRM>

(3.) After obtaining the sanction dated 31st May, 1979 a regular complainant was filed against the petitioner along with two others, namely Banshidhar and Ram Sahai. During the trial an application had been moved on behalf of the accused persons for getting the certificate from the Central Food Laboratory, Ghaziabad. This application was allowed and another sample taken by the concerned Food Inspector on 26th July, 1978 was sent to the Central Food Laboratory for chemical examination. The certificate dated 25th Jan., 1980 was issued by the Central Food Laboratory, Ghaziabad and the same duly received by the trial Court. According to the Central Food Laboratory the results were as under:- <FRM>JUDGEMENT_51_LAWS(RAJ)12_19912.html</FRM>