- (1.) Heard Sri J.N.Singh, learned counsel for the revisionist and perused the record.
(2.) The revisionist has been convicted under section 7/16 read with section 2 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act 1954") vide judgment and order dated 25.9.1999 passed by IInd Additional District and Sessions Judge, Farrukhabad in criminal Appeal No. 50 of 1996 whereby appeal of the revisionist was rejected confirming the judgment and order dated 104.1996 passed by Ist Additional Chief Judicial Magistrate , Farrukhbad by which revisionist was awarded 6 months rigorous imprisonment and fine of Rs. 1000/ - In case of default in payment of fine, revisionist shall undergo further period 2 months rigorous imprisonment.
(3.) Briefly stated, facts of the case are that Food Inspector Daulat Ram Nim, PW 1 visited accused's ice candy factory, situated at Manjhana Road, Nwabganj, District Farrukhabad. No board of ice -candy was found on the factory. Suspecting adulteration, Food Inspector conveyed his intention to get ice -candy examined by Public Analyst and, for that purpose, served notice on the accused. As sample, he purchased 750 gm. ice -candy on payment of Rs. 1.80. After dividing the sample in three equal quantity, put the same into three small bottles, added 20 drops of formalin to each bottle, sealed them and pasted authentic slips provided by local Health Officer. Cash memo for purchase of ice candy was obtained from accused. However, accused refused to sign relevant documents prepared on the spot at the time of taking sample. Signature of one witness namely Virendra Safai Nayak was obtained on documents. Sample was sent to Public Analyst for chemical examination. Chemical Examiner submitted his report dated 20.7.1987, which indicated that sample was adulterated inasmuch as prohibited saccharine was found therein, which is injurious to health. Quantity of sugar was found negligible whereas ice candy must contain at least 10% sugar. After obtaining requisite sanction from local Health Officer, Food Inspector filed complaint on 16.10.1989.;