Gulab vs State of U.P.

M.A. Khan, J.—This revision is against the judgment and order dated 1151985 passed by Shri CM. Singh, VIIIth Addl, Sessions Judge, Mirzapur whereby dismissing criminal Appeal No. 1 of 1985 Gulab v. State and upholding the judgment and order dated 14121984 passed by learned Magistrate, Mirzapur under which the revisionist was convicted for an offence punishable under Sections 7/16 of Prevention of Food Adulteration Act and was sentenced to undergo one month R.I. and to pay a fine of Rs. 200/.

The facts given by the prosecution thattherevisionistonl3ll1982ataboul 11.00 a.m., in Qasba Colhanpur within the circle of P.S. Chunar District Mirzapur, the Food Inspector inspected the shop of the revisionist and the revisionist was found selling linseed oil and other edible articles without obtaining the licence for selling such articles. The revisionist was served with a notice by the Food Inspector who refused to accept the same and also submitted no explanation. A complaint was lodged against the revisionist. The prosecution adduced evidence in the learned lower Court and on appraisal of the same found the revisionist guilty of the offence punishable under Section 7/16 of Prevention of Food Adulteration Act, convicted and sentenced him as above. Against the said judgment the appellant preferred appeal which too has been dismissed by the learned Sessions Judge, against that order the present revision has been filed.

3, None turned to press this revision before me and I have myself gone through the judgment and orders passed by the learned trial Court as well as the appellate Court and I find no illegality or impropriety in the said judgment and orders. There is statement on oath made by the Food Inspector that he went to the shop of the revisionist and there the revisionist was found selling linseed oil and other edible articles and he had no licence for selling these articles. A notice was accordingly served on the revisionist, to which he filed no reply. The learned trial Court as well as the appellate Court has believed the statement of the Food Inspector and his statement finds further corroboration from all other evidence.

I find no illegality or impropriety in the judgment and orders passed by the two Courts below and accordingly the revision deserves to be dismissed and is accordingly dismissed. File be sent back to the Chief Judicial Magistrate, Mirzapur for ensuring the arrest of the revisionist to serve out the sentence as passed on him by the learned trial Court. Revision dismissed