S.K.GUPTA,J. - (1.) This criminal revision has been filed against the judgment and order dated 16 November, 1990 passed by Additional Sessions Judge/Special Judge (E.C. Act), Jhansi dismissing the criminal appeal no. 247 of 1998 preferred against the judgment and order dated 12 September 1988 passed by Judicial Magistrate IInd, Jhansi convicting the revisionist under Section 7/16 of the Prevention of Food Adulteration Act and has been sentenced to undergo six months rigorous imprisonment and fine of Rs. 1000/- and in default of payment of fine he has been further directed to undergo three months rigorous imprisonment.
(2.) Brief facts of this case are as follows-: On 23.3.1982 at about 9:30 a.m. at Gursarain Bus Stand in the shop of Manik Chand Agarwal, the sample of milk was taken from accused Sri Hari Om, who was found selling milk. Food Inspector Sri Omkar Singh Senger had taken the sample and he distributed it into three phials and has completed all formalities at the spot. He had summoned public witnesses, who appended their signatures on the documents. The sample was sent to Public Analyst for test, who has reported that the milk was adulterated and was below standard. Charge was framed against the accused, who denied the allegations. The prosecutions examined certain witnesses in support of the case. The accused was examined under Section 313 Cr.P.C.. As there was some evidence against him, the accused was therefore, called upon to lead the evidence in defence.
(3.) The revisionist had examined one Sri Bal Mukund in support of his defence. The learned trial court after scrutinizing the circumstances, convicted the accused and directed him to suffer relevant punishment. This judgment and order of conviction and sentence has been challenged in this revision.;