- (1.) This criminal revision has been filed against the judgment and order dated 11.2.2003 passed by Additional Sessions Judge, Varanasi in criminal appeal no. 87 of 1997 preferred against the judgment and order dated 11.7.1997 passed by Ist Additional Chief Judicial Magistrate, Varanasi convicting the revisionist under Section 7 (1)/16 (1) (A) of the Prevention of Food Adulteration Act and has been sentenced to undergo two years rigorous imprisonment and fine of Rs. 5000/ and in default of payment of fine he has been further directed to undergo six months simple imprisonment.
(2.) Brief facts of this case are as follows: On 28.12.92 at about 1:00 p.m. Food Inspector Ram Jeet Ram inspected the shop of accused Somaru Prasad at about 1:00 p.m. at VillageBenipur after giving his proper identification. The revisionist was selling turmeric along with other essential food items. On the suspicion, the Food Inspector purchased the turmeric on the payment of Rs. 1620/ after giving notice on Form6 and taking his signature on the one copy of the form6. The Food Inspector kept the purchased turmeric in three equal parts in dried polythene and after pasting the seal of paper and taking signature of seller sent the one sample of the same for analyst to Public Analyst. Remaining two packets was sent to C.M.O. office on 29.12.1992. On the report no. 90 dated 9.2.1993 the Public Analyst has submitted his report that there is adulteration of colour of led cromate, which is prohibited for such food items.
(3.) The Food Inspector had produced all the relevant papers before the C.M.O. Varanasi for getting his permission for lodging a complaint before the competent court against the revisionist. The office of C.M.O. concerned also sent a registered notice to the revisionist for availing his chance to get the second packet of same checked by the Central Food Laboratory.;