- (1.)APPLICANT has preferred this revision against the appellate judgment dated 5. 8. 98 passed by Sessions Judge, Sidhi in Criminal Appeal No. 104/96, whereby the conviction of the applicant under section 16 (1) (a) (i) of Prevention of Food adulteration Act, 1954 (hereinafter to be referred as 'act') recorded by Chief Judicial Magistrate, Sidhi has been upheld.
(2.)APPLICANT was tried for the offence under section 16 (1) (a) (i) of the Act before Chief Judicial Magistrate, Sidhi. It is alleged that on 18. 2. 94 at about 12 'o'clock in the noon at village silwar, during checking and inspection by Food Inspector K. G. Khare at kirana shop of applicant, it was found that the applicant had kept various articles of food including turmeric powder for sale. Food Inspector K. G. Khare then introduced himself to the applicant and purchased 450 grams of turmeric powder from the applicant as sample for analysis in presence of panch witness and gave him a notice in writing in Form No. VI to have it analyzed. Food Inspector k. G. Khare then mixed up all the turmeric powder contained in nine packets of 50 grams each purchased by him and divided it into three equal parts then and there, filled them in three clean and dried packets and duly fastened and sealed them, sent one of its parts to the Public Analyst and remaining two parts to the Local health Authority. Upon analysis, the sample of turmeric powder taken from the applicant was found to be adulterated. After obtaining necessary sanction, applicant was prosecuted under section 16 (1) (a) (i) of the Act. After the institution of prosecution, notice under section 13 (2) of the Act alongwith report of Public analyst was sent to the applicant by registered post.
(3.)AFTER trial, Chief Judicial Magistrate found the applicant guilty for selling adulterated turmeric powder and convicted him under section 16 (1) (a) (i) of the Act and sentenced him to rigorous imprisonment for one year with fine of Rs. 1,000/ vide judgment dated 7. 12. 96 passed in Criminal Case No. 1405/94.