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N.K.GUPTA
Bharat Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Applicant :Shri Manish Datt, Senior Advocate along with Shri Anubhav Jain, Advocate
For the State/Respondent: Shri Ajay Tamrakar, Panel Lawyer.

ORDER

N.K. Gupta, J.—The applicant was convicted for the offence punishable under Section 7(1) read with Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter it will be referred to as the ‘PF Act’) vide judgment dated 16.10.1996 passed by the learned Chief Judicial Magistrate, Raisen (Shri U.C. Jain) in criminal case No.451/1990 and sentenced with 6 months’ rigorous imprisonment with fine of Rs.1,000. In criminal appeal No.169/1996, the learned Sessions Judge, Raisen vide judgment dated 11.6.1999 dismissed the appeal in toto. Being aggrieved with judgments passed’: by the learned both the Courts below, the applicant has preferred the present revision.

2. The prosecution’s case, in short, is that, on 18.5.1990, the Food Inspector Shri S. C. Gupta (PW1) went to take a round in the city of Raisen. He found that the applicant had three cans of milk and he was selling the milk to one Bhanu Prakash Agrawal, the proprietor of Roshan Sweet House. The applicant kept the mixed milk of cow and goat in one can and food inspector proposed him to take a sample from that can. The Food Inspector purchased 750 ml. of mixed milk of cow and goat in a utensil and divided

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