LALTA PRASAD ALIAS RADHIKA Vs. STATE
LAWS(ALL)-1981-7-57
HIGH COURT OF ALLAHABAD
Decided on July 09,1981

Lalta Prasad Alias Radhika Appellant
VERSUS
STATE Respondents


Referred Judgements :-

NAGAR MAHAPALIKA VARANASI V. PARMESHWAR [REFERRED TO]
PREM VALLABH AND ANOTHER V. STATE OF DELHI [REFERRED TO]


JUDGEMENT

M.P.Saxena, J. - (1.)Lalta Prasad alias Radhika filed this revision application against the judgment and order dated 17-2-1981 passed by the Sessions Judge, Lalitpur. dismissing his appeal and confirming his conviction under section 7/16 of the Prevention of Food Adulteration Act and sentence of six months R.I. and a fine of Rs. 1000.00. In default of payment of fine two months R.I. was awarded.
(2.)In brief the prosecution case was that on 19-12-1978 at 10-30 p.m. Sri Nagendra Gupta, Food Inspector of Mobile Squad, Jhansi Division Jhansi took a sample of mustard oil from the shop of the revisionist situate in Bansi, P.S. Jakhaura, District Lalitpur. The revisionist was selling or exposing for sale edible articles including mustard oil. The Food Inspector took sample of that oil on payment of price and prepared necessary documents in respect thereof. The oil was kept in three vials which were properly sealed. One of them was sent to the Public Analyst who reported that the oil was adulterated and was not fit for human consumption. After obtaining the requisite sanction of the Distt. Medical Officer of Health the complaint was filed against the revisionist.
(3.)The revisionists denied the said charge as well as selling of any oil to the Food Inspector. He, however, admitted his thumb impressions on the receipt and notice and examined one Raja Ram to prove that the oil was meant for burning and not for human consumption. According to him the revisionist had given it out to the Food Inspector also.


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