JUDGMENT :

1. This revision has been filed challenging the judgment and order dated 28.01.2004 passed by learned Additional District and Sessions Judge (F.T.C.), District Sonbhadra, dismissing Criminal Appeal No. 5 of 1998 (Virendra Kumar Vs. State), preferred against the judgment and order dated 18.02.1998 passed by learned Special Judicial Magistrate, Duddhi, District Sonbhadra in Criminal Case No. 228 of 1987 (State Vs. Shyam Sundar Agrahari and another), under Section 7/16 of Food Adulteration Act, Police Station Shakti Nagar, District Sonbhadra, convicting and sentencing the revisionist under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the, ‘Act, 1954’) with a punishment of six months rigorous imprisonment along with a fine of Rs. 1,000/-with default stipulation.

2. Heard Shri Gajendra Pratap Singh, the learned Senior Counsel, assisted by Shri Satyendra Prakash Srivastava, the learned counsel for the revisionist, Shri Suresh Bahadur Singh, the learned A.G.A. for the State and perused the record.

3. Learned counsel for the revisionist submits that the complaint was filed in the year 1986 and the revisionist was convicted and sentenced by t