R.K.RASTOGI, J. - (1.) THIS is a revision against the judgment and order dated 8.6.1987 passed by Sri Raghunath Prasad, then II Addl. Sessions Judge, Deoria in Criminal Appeal No. 7 of 1987, Dhruv Vs. State of U.P.
(2.) THE facts relevant for disposal of this revision are that on 22.8. 1983 the complainant, Food Inspector visited the grocery shop of the accused revisionist and took sample of wheat flour from his shop. It was sent to the public analyst for examination, and according to the report of the Public Analyst, it was adulterated. Then a notice under section 13 (2) of P.F. Act was given to him and after obtaining sanction of the C.M.O. a complaint was filed against him. Learned Magistrate summoned the accused and framed charges against him under section 7/16 of the P F. Act. The complainant, Food Inspector examined himself as P.W. 1 and narrated the entire case on oath. He also examined Sri Gomti Prasad (P.W.2) an eye witness 3 All] Dhruv V. State of U.P. 999 of the incident of taking sample of flour and Sri Ashok Kumar (PW 3) clerk in the office of the C.M.O to prove dispatch of the notice under section 13(2) of the Act alongwith the report of Public Analyst.
(3.) THE accused revisionist in his statement under section 313 Cr.P.C. stated that the flour whose sample was taken was not meant for human use but he was selling it for consumption of animals. Learned magistrate, after hearing of the case, was of the view that the case was sufficiently proved against the revisionist beyond all reasonable doubts. He, therefore, convicted the accused revisionist under section 7/16 of P. F. Act and sentenced him to undergo six months' S.I. and awarded a fine of Rs.1000/-.;