JUDGMENT :

1. Instant criminal revision under Section 397/401 Cr.P.C. has been filed against judgment and order dated 20.12.2022 passed by Addl. Sessions Judge Court No. 8, Kanpur Nagar, in Criminal Appeal No. 106/2019 (Ram Ratan Vs. Vivek Kumar and Another), whereby the conviction and sentence passed by learned Metropolitan Magistrate on 28.06.2019 in Case No. 3872 of 2010 against accused appellant Ram Ratan for charge under Section 7/16 Prevention of Food Adulteration Act has been affirmed. The judgment and order of trial court dated 28.06.2019 has also been challenged.

2. The brief facts of the case relevant from present criminal appeal are that on 05.03.2010, the complainant Food Inspector working on orders of local Health Officer intercepted a milk vendor at 09:15 hours near Police Station-Bhidnu, Gathmpur road, District-Kanpur Nagar, who was taking milk in his bicycle in 4 containers each having around 20 ltrs of milk, therefore he was carrying a total of 80 lts of mixed milk of cow and buffalo. The Food Inspector purchased 1500 ml milk for Rs. 36 as sample and received an acknowledgement from the vendor/ present accused. The complainant tried to enjoin local witnesses but they