- (1.) This revision has been preferred against judgement dated 27.2.2012 passed by Additional Chief Judicial Magistrate, Ghazipur in criminal case no. 2091 of 2004 (State Vs. Shankar Shah and others) under Section 7/16 of Prevention of Food Adulteration Act, P.S. Mardah, Ghazipur and the judgment dated 26.7.2016 passed by Additional Session Judge, Court No. 6, Ghazipur.
(2.) Heard learned counsel for the revisionist, learned AGA and perused the records.
(3.) The revisionist was charged for offence under Section 7/16 Prevention of Food Adulteration Act for selling the edible articles (namkeen), which was found adulterated, inter alia, with Khesari, and also for not complying mandatory legal directions required for selling such articles. Trial court had afforded opportunity of hearing to the complainant side as well as accused/revisionist and thereafter reached to the conclusion that at the time of charged incident, revisionist, Shankar Shah @ Shankar Shahu was selling adulterated edible articles (namkeen dalmot),and also without complying mandatory directions regarding packaging and printing of information that should be mentioned on the packing of edible items. After giving conclusion on facts, trial court had also considered the compliance of rules and procedure being carried out by Food Inspector since before initiation of proceedings of prosecution till conclusion of trial, and found that prosecution side had not committed any illegality or procedural irregularity and proved its case on facts of the charge, about prosecution sanction and about affording opportunity to accused to adduce his proper defence. Thereafter trial court had passed order of conviction. After that learned Magistrate had afforded opportunity of hearing to the accused on the point of quantum of sentence and then passed sentence of simple imprisonment of one year with fine of Rs. 2,000/- (in default of payment of fine, one month further imprisonment).;