Surendra Kumar, J. - (1.) HEARD Sri R.C. Gupta, learned counsel for the revisionist and learned AGA for the State.
(2.) THE revisionist Nanhku who was an accused in the trial Court, by way of filing this criminal revision has challenged the judgment and order dated 21.1.1995 passed by Judicial Magistrate, Ist, Mirzapur, whereby he was convicted under Section 7(5)/16 (1) (a) (ii) of the Prevention of Food Adulteration Act, 1954 read with Rule 50 of the Prevention of Food Adulteration Rules 1955 and sentenced to undergo rigorous imprisonment for one month and fine of Rs.300/-, in default of payment of fine, further to undergo rigorous imprisonment for fifteen days. THE judgment and order of conviction and sentence passed by the trial Court was challenged by Nanhku before the learned Sessions Judge, Mirzapur, by filing Criminal Appeal No.4 of 1995, Chandu and another Vs. State of U.P. and another, which was dismissed by the learned Sessions Judge, Mirzapur, affirming the conviction and sentence recorded against the accused Nanhku, vide judgment and order dated 19.8.1995. It is thus, the revisionist has challenged the judgment and order dated 19.8.1995 passed by the learned Sessions Judge in the aforesaid appeal and the judgment and order dated 21.1.1995 passed by the trial Court, through this revision. The facts giving rise to the present revision are as follows: The accused Nanhku is father and co-accused Chandu is his son. The accused Nanhku had obtained Licence No.P-6/87-88 for the year 1987-88 for sale of edible oils, spices, pulses, jaggery and biscuits etc. at Pandari. The term of licence expired on 31.3.1988. The accused Nanhku did not get the term of licence renewed for another financial year. He also did not wind up his business after expiry of the term of the licence. Sri Salik Ram Prasad who was the Food Inspector at Pandari, on 1.7.1988 at about 10:00 a.m. along with one Hari Ram House Visitor of Pandari inspected the shop of Nanhku. He found Chandu selling edible oils etc. at the aforesaid shop. He asked Chandu to show licence but he could not show any licence. The term of licence standing in the name of his father had already expired. The Food Inspector, therefore, prepared the spot note and on 2.7.1988 reported the matter to the Chief Medical Officer, Mirzapur, seeking his consent to prosecute Nanhku and his son Chandu under Sections 7/16 of Prevention of Food Adulteration Act, 1954 read with Rule 50 of Prevention of Food Adulteration Rules 1955 (hereinafter referred to as the Act and Rules). The Chief Medical Officer, Mirzapur, accorded the consent on 22.7.1988. Accordingly, the Food Inspector instituted a complaint against duo under the aforesaid provisions of the Act and Rules.
(3.) THE Food Inspector namely Sri Salik Ram Prasad was examined under Section 244 Cr.P.C. and then the accused persons were charged under Section 7 (V) read with Sections 16(1)(a)(ii) of the Act, read with Rules 50 of the Rules. THE Food Inspector was cross examined under Section 246 Cr.P.C. THE prosecution further examined Sri A.A. Hasmi, Food Clerk of the Office of Chief Medical Officer, Mirzapur to prove the signature of the then Chief Medical Officer, Mirzapur on the sanction letter. The first submission of the learned counsel for the accused-revisionist is that only allegation against him is that his son Chandu was exposing for sale the aforesaid articles after expiry of the term of licence and without any renewal of the expired licence which stood in the name of his father Nanhku. At the time of the spot inspection by the Food Inspector, Chandu could not show any valid licence, therefore, Nanhku could not have been attributed to the said offence and could not be found guilty for the said offence. Nanhku has been convicted and sentenced only on the ground that his son Chandu was exposing for sale the said articles on the relevant day.;