JUDGMENT :

Jayant Banerji, J.

Heard Sri Sukesh Kumar, learned counsel for the revisionist and Sri Patanjali Mishra, learned A.G.A for the State.

2. By means of this revision, the judgement and order dated 12.2.2004, passed by the Additional Sessions Judge, Court No.5, Varanasi in Criminal Appeal No. 60 of 2003 ( Mata Prasad Vs. State of U.P) as well as judgement and order dated 7.6.2003, passed by the Additional Chief Judicial Magistrate, Court no.1, Varanasi in Criminal Case No. 147 of 1997 (State Vs. Mata Prasad), under Section 7/16 of the Prevention of Food Adulteration Act, 1954[Act of 1954] have been challenged, whereby, the revisionist has been convicted under Section 7/16 of the Act of 1954 and sentenced to rigorous imprisonment of four month and a fine of Rs. 600/ and in default of payment of fine, further one month simple imprisonment has been ordered.

3. The case of the prosecution is that the Food Inspector, Varanasi, Sri Raj Narain Singh on 30.12.1995 purchased 450 gms food items Dhania (coriander) from the premises of the revisionist for getting the same analyzed by the Public Analyst. Form No.6, under Rule 12 of the Prevention of Food Adulteration Rules, 1955[Rules of 195