Rajesh Singh Chauhan, J. - (1.) Heard Sri Gopesh Tripathi, learned counsel for the revisionist and Sri Anirudh Singh, learned AGA for the State.
(2.) By means of this revision the petitioner has assailed the judgment and order dated 15.6.2004 passed by the IIIrd Additional Sessions Judge, Raibarelly, in the Criminal Appeal No. 101 of 2002, Surya Pal Yadav vs. State, whereby the order dated 23.11.2002 was upheld which was passed by the Additional Chief Judicial Magistrate / Magistrate, Economic Offenses, Raibarelly, whereby the revisionist was punished with the six months Rigorous Imprisonment and the fine of Rs. 1000/- under section 7/16 of The Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 1954 Act). It was also directed by he learned Magistrate that if the fine is not deposited, the revisionist will have to undergo one month more imprisonment.
(3.) The brief facts of the case are that the revisionist was carrying on business of selling milk and on 15.12.1997 at about 12 A.M. (Morning) the revisionist was intercepted by the Chief Food Inspector, Sri C.K. Singh of Raibarelly who purchased 750ml milk from the revisionist and prepared three samples. As per prosecution story the Chief Food Inspector, Sri C.K. Singh, thereafter asked some passers-by and other persons to be independent witness in the matter but they did not agree. The prosecution story reveals that the aforesaid exercise was carried out after taking samples.;