- (1.) THE applicant has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R. I. and a fine of Rs, 1000/ -. In default of payment of fine, he is to undergo 3 months' R. I. His conviction and sentence has been maintained in appeal by the Sessions Judge Moradabad, hence this revision,
(2.) A sample of Besan (gram flour) was purchased by the Food Inspector from the applicant on 21st Jan. 1976 at 10. 30 A. M. in accordance with the procedure prescribed by law. One of the sample phials in the possession of the Food Inspector was sent for analysis the report of the Public Analyst was as follows: Sampoorn Bhasm - 2. 6%. Halke Hydrocholoric Ami me abiley bhasm - 0. 2% Khesari ke liye hydrocholoric ami Parikshan - Dhanatmak. Microscopy - adhik matra men Ghana tatha thori matra men Khesari ke starch paye gaye. and am of the opinion that namune men thori matra men Khesari (Lathyrus sativus) ka Aatta mila hua hai. Khesari ka prayog Khadya Padarth ke roop men barjit hai. After obtaining sanction, the applicant has been prosecuted and convicted as above.
(3.) I have heard learned Counsel for the applicant and have also perused the impugned order. I do not find any illegality or peversity in the findings recorded concurrently by the courts below upholding the conviction of the applicant.;