B.L. Yadav, J. - (1.) This revision is directed against the order dated 16-5-86 passed by the Sessions Judge, Uttar Kashi allowing the appeal and remanding the case to the trial court with direction to decide the case afresh after permitting the present applicant M/s. Babu Ram Sewak Ram Arathi, Main Bazar, Rishikesh, Dehradun, to cross-examine Maya Ram, who was accused No. I in case under sections 7/16 of the Prevention of Food Adulteration Act. It appears that the sample of mustard oil was obtained from the possession of Maya Ram, who alleged he has actually purchased it from the applicant M/s. Babu Ram Sewak Ram Arathi. The learned Magistrate by his order dated 6-2-86 acquitted Maya Ram, whereas he convicted the applicant under sections 7/16 of the Prevention of Food Adulteration Act and directed the applicant to pay fine of Rs. 3000/-. Against the aforesaid order the present revision has been filed.
(2.) Heard the learned counsel for the applicant. By the appellate order it has been directed that the applicant would be permitted to cross-examine Maya Ram, the person who was alleged by selling the mustard oil. The case of Maya Ram appears to be that he has purchased the said mustard oil form the applicant. Sufficient opportunity, therefore, has been provided to the applicant by the impugned order passed in appeal. After cross-examining Maya Ram it can be ascertained whether the mustard oil was of the applicant or of Maya Kam. Under the circumstances of the case, I am of the view that there is no illegality or irregularity in the impugned order passed by the appellate court. Consequently, I do not find any merit in the present revision and the same is accordingly dismissed.
(3.) Office is directed to send back the record of the case immediately to the court below, if it is received here Interim stay dt/- 15-7-86 is vacated. Revision dismissed.;