- (1.) This criminal revision has been preferred against the judgment and order dated 11.01.1991 passed by Sri D.R. Singh, Sessions Judge, Orai, District Jalaun in Criminal Appeal No. 39 of 1990, Kripa Shankar Versus State of U.P. confirming the judgment and order dated 22.10.1989 passed by Sri S.C. Savita, Judicial Magistrate, Jalaun, Orai in criminal case no. 992 of 1987 State Versus Kripa Shankar convicting and sentencing him to undergo six months rigorous imprisonment and a fine of Rs. 1000/-, in default thereof one month more rigorous imprisonment under Section 7/16 of Prevention of Food Adulteration Act (to be referred in short as Act).
(2.) Brief facts of this case are as follows-: Food Inspector, Nadigaon Sri Radhey Mohan Hingwaliya found at Kamsera-Konch road village Titra, revisionist, Kripa Shankar, going towards Konch market at about 10.00 am on 12.02.1987 with a tin containing about 25 kilogram of Khoya on the back of his bicycle for the purpose of sell. Suspecting adulteration in Khoya, Food Inspector discloses his identity and served notice in From No. 6 (Ext. Ka-I) disclosing the purpose of taking sample in the presence of witness Tulasi Ram, he purchased 750 grams Khoya out of the said stock on making payment of Rs. 15/- as a price and obtained receipt (Ext. Ka-II). He take the sample of Khoya to Public Analyst for analysis. The sample was divided in three equal part and kept in three different dry and clean containers. Twenty drops of Farmalin of 40 per cent strength were added in each container. Before sealing the above sample, duly signed label by the appellant in cut slip, issued from the office of Chief Medical Officer, were wrapped with the help of strong thread.
(3.) From No. VII prepared on the spot and such form was also wrapped on each container. One said parcel as per receipt (Ext. Ka-3) in memorandum (Ext. Ka -5) in Form No. VII, was sent through registered post as per receipt (Ex. Ka-4). Separately to Public Analyst whereas two other phials of sample were deposited to the office of Chief Medical Officer, the next day.;