V.N.Misra, J. - (1.) This is an application in revision by Ramesh Chandra and Suresh Chandra against the judgment of Sri J.C. Gupta, VII Additional Sessions Judge, Kanpur dated 25-9-1980 by means of which he dismissed Criminal Appeal No. 10 of 1980 and maintained the conviction of the applicants under section 7/16, Prevention of Food Adulteration Act and sentence of six months R.I. and a fine of Rs. 1,000/- against them by Sri S.K.I. Naqvi, Metropolitan Magistrate (Corporation).
(2.) Briefly stated that the prosecution story was that on 22-6-1977 at about 11 A.M. Sri B.L Gupta, Food Inspector found Suresh Chandra applicant selling mustard oil at the shop of his brother Ramesh Chandra in Mohalla Nawabganj, City of Kanpur. The Food Inspector disclosed his identity and purchased some of the mustard oil on payment. This was divided in three parts and sealed in three clean phials and one of these when sent to the Public Analyst was found to contain 15% T.C. oil. On receipt of this report the applicants were prosecuted and have been convicted as aforesaid.
(3.) This sample was collected on 22-6-1977 but it was sent to the Public Analyst on 29-6-1977 and the report of the Public Analyst shows that this sample was received by him on 29-7-1977. There could be therefore no doubt that the sample was taken to the Public Analyst seven days after it had been collected and it was urged that for this reason there was a breach of section 11(1)(c) and sub-section (3) of section 11 read with rule 17.;