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1987 Supreme(Raj) 893

D.L.MEHTA
Pappu S/O Badri Prasad – Appellant
Versus
State Of Rajasthan – Respondent


For the Petitioner:Jagdeep Dhankar, P.S. Sharma and Bhanwar Bagri, Advocates.
For the State: S.N. Kumawat, P.P.

JUDGMENT

1. - This revision petition has been preferred against the judgment dated 14-11-1983 passed by the learned Sessions Judge, Dholpur, convicting and sentencing the accused under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 to six months simple imprisonment and a fine of Rs. 100/-.

2. Shri R.N. Shukla, Food Inspector, checked the shop of the accused on 9-8-1974 and purchased 600 grams of wheat flour for analysis. Public Analyst reported that the sample is adulterated being not in confirmity with the prescribed standard of purety. The report of the Public Analyst is Ex.P. 4. The finding of the Public Analyst as under:

Prescribed Standard

Per P.A.

(1) Totalsh not more than 2% on wheat

2.23% basis;

(2) Ashinsol in Dil Hil not more than 0.15% on dry wt. basis.

36.00%


3. For this reason the sample was found to be adulterated, Mr. Dhankar appearing on behalf of the petitioner assailed the judgment of the Court below on number of grounds including that outer-cover was not used. I do not find any force in the submissions made by Mr. Dhankar on merits and maintain the conviction. In the alternative, Mr. Dhankar










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