V.N.Misra, J. - (1.) This is an application in revision by Shyam Sunder against the judgment and order of Sri O.N. Asthana, 3rd Additional Sessions Judge, Mainpuri by means of which he dismissed Criminal Appeal No. 202 of 1979 and upheld the conviction and sentence of the applicant under section 7/16, Prevention of Food Adulteration Act. The sentence imposed on the applicant was rigorous imprisonment for six months and a fine of Rs. 1,000/-.
(2.) It was urged that the ice-candy the sample of which was taken by the Food Inspector and sent for analysis was obtained by the applicant from Shanker Cold Storage, but some how it so happened that Shanker Cold Storage was not prosecuted and nothing was done to them while sample was taken from the applicant and after analysis of the sample he was prosecuted and has been convicted as aforesaid. Whether Shanker Cold Storage was prosecuted or not is besides the point. The applicant obtained the said candy from Shanker Cold Storage and was selling them to public and because this sample was found adulterated, therefore, he was endangering the health of the public. On analysis the said candy which the applicant was selling was found mixed with saccharine, the use of which is not permitted. The applicant was, therefore, properly prosecuted and convicted by the learned Magistrate and the appeal brought by him against his conviction was also rightly dismissed. I have, therefore, no reason to interfere.
(3.) The revision is dismissed. The order dated 19-3-1980 passed by this Court is hereby vacated. Revision dismissed.;