1989 Supreme(Raj) 935
S.C.AGRAWAL
Banshi Lal – Appellant
Versus
State of Rajasthan – Respondent
For the Petitioner:M.C. Bhandari, T.S. Champawat, Advocates.
For the State: S.S. Vyas, Public Prosecutor.
JUDGMENT
1. - This revision is directed against the judgment dated 26th May, 1981 passed by the Sessions Judge, Pratapgarh, Camp Chittorgarh in Criminal Appeal No.28 of 1977. The Sessions Judge, while maintaining the conviction of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act), has reduced the sentence awarded to him to six months 'rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine to undergo rigorous imprisonment for two months.
2. The petitioner carries on business as KIRANA merchant at Chittorgarh, On 19th August, 1974 Nakul Singh, PW-1, Food Inspector, Municipal Committee, Chittorgarh went to the shop of the petitioner and after giving him notice (Ex-P 1) purchased 450gm of DESHI GHEE after paying him Rs. 10.80 as price for the same. The said sample of DESHI GHEE was put in three separate bottles and on of the said bottles was sent for chemical examination to the Public Health Laboratory, Udaipur. The Public Analyst, in his report (Ex-P. 5) expressed the opinion that the sample of DESHI GHEE was adulterated. After obtaining the sanction of the Administrator, Municipal Council
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