JUDGMENT :

J.J. Munir, J.

1. This Criminal Revision is directed against a judgment and order of Sri D.R. Singh, the then Sessions Judge, Jalaun at Orai, dated 08.02.1990, dismissing Criminal Appeal no.36 of 1989, and, affirming a judgment and order of Sri Guru Sharan Srivastava, the then Judicial Magistrate, Jalaun at Orai, dated 15.07.1989 passed in Criminal Case no.197 of 1986, convicting the revisionist under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, and, sentencing him to six months' RI and a fine of Rs.1000/-; in default, to undergo a further term of three months' imprisonment.

2. The facts giving rise to the present revision are that the then Food Inspector, Chiraiya Salempur, one R.R. Bhatt, checked at mid day, on 22.01.1984 the wares displayed for sale at the Bus Station, Jalaun, by the revisionist. The food item displayed for sale was Khowa, carried in 4 – 5 containers. The Inspector disclosed his identity and made inquiries about the article of food offered for sale. He asked the revisionist to give him 50 grams of Khowa for the price of it, to be utilized as a sample for analysis. A notice for the purpose was served in the presence of