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2019 Supreme(All) 1262

SURESH KUMAR GUPTA
Somaru Prasad – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : B.K. Pandey, A.K. Srivastava, P.K.Kashyap

JUDGMENT :

SURESH KUMAR GUPTA, J.

1. This criminal revision has been filed against the judgment and order dated 11.2.2003 passed by Additional Sessions Judge, Varanasi in criminal appeal no. 87 of 1997 preferred against the judgment and order dated 11.7.1997 passed by Ist Additional Chief Judicial Magistrate, Varanasi convicting the revisionist under Section 7 (1)/16 (1) (A) of the Prevention of Food Adulteration Act and has been sentenced to undergo two years rigorous imprisonment and fine of Rs. 5000/and in default of payment of fine he has been further directed to undergo six months simple imprisonment.

2. Brief facts of this case are as follows:-

    On 28.12.92 at about 1:00 p.m. Food Inspector Ram Jeet Ram inspected the shop of accused Somaru Prasad at about 1:00 p.m. at Village-Benipur after giving his proper identification. The revisionist was selling turmeric along with other essential food items. On the suspicion, the Food Inspector purchased the turmeric on the payment of Rs. 1620/after giving notice on Form6 and taking his signature on the one copy of the form6. The Food Inspector kept the purchased turmeric in three equal parts in dried polythene and after pasting the seal of

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