B.N.Katju, J. - (1.) The applicant was convicted under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to six months R.I. and a line of Rs. 1,000/- by the judgment of the Judicial Magistrate, Fatehpur dated 31-1-1978 passed in Criminal Case No. 1442. In default of payment of fine, he was ordered to undergo two months R.I. The applicant filed Criminal Appeal No. 26 of 1978, which was dismissed by the IInd Additional Sessions Judge, Fatehpur by his judgment dated 7-11-1979. The applicant has now come up in revision to this Court.
(2.) The case of the prosecution is that the applicant sold 450 gms. of Dal Chini Saboot for Rs. 2.60 P. to the Food Inspector S.K. Mishra (P.W. 1) on 14-8-1976 at about 1-45 P.M. at his shop situated in Mohalla Pilu Tale in the City of Fatehpur. The Dal Chini was divided into three parts and each part was kept in a phial and sealed. One of the sealed phials was sent to the Public Analyst and the report of the Public Analyst shows that the sample contained 100% of foreign bark.
(3.) The applicant pleaded not guilty and stated that he had sold Dal Chini to the Food Inspector which was not for human consumption. No offence under Section 7/16 of the Act was, therefore, made out against him.;