HIGH COURT OF JUDICATURE AT ALLAHABAD ?A.F.R Court No. - 50 Case :- CRIMINAL REVISION No. - 3274 of 2011 Petitioner :- Anoop Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- S.D. Dwivedi,Navin Singh Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the revisionist and learned AGA for the State.
This revision is directed against the order dated 8.6.2011 passed by A.C.J.M.-I, Shahjahanpur in Case no. 797 of 2011, State Vs. Anoop Kumar Gupta, under Section 7/16 Prevention of Food Adulteration Act, P.S. Powayan, District- Shahjahanpur, whereby the cognizance was taken by the Magistrate and the revisionist was summoned to face trial.
A sample of paneer was taken by Food Inspector from the revisionist for analysis by the Public Analyst. The sample was found adulterated as the milk fat in paneer was found to be below the prescribed standard. A complaint was filed by the Food Inspector after obtaining the sanction from the local health authority. Learned Magistrate took cognizance and summoned the accused.
Learned counsel for the revisionist submitted that the sample of paneer was not found to be noxious by public analyst and, therefore, complaint was not maintainable.
For a prosecution to be launched under Section 7/16 of P.F. Act, it is not necessary that the article of food must be noxious. If the food item is below the prescribed standard, the offence is covered by the provisions of 7/16 of P.F. Act. For a prosecution under Sections 272 and 273 IPC, the food article must be noxious and unfit for human consumption but there is no such requirement for a prosecution under the provisions of Prevention of Food Adulteration Act. I do not find any error or illegality in the impugned order.
The revision is devoid of merit and is accordingly dismissed.
However, if the revisionist surrenders before the Magistrate concerned within three weeks from today and applies for bail, his prayer for bail be considered and disposed of by the courts below keeping in view Full Bench decision of this Court in the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 as affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
Order Date :- 17.8.2011 KU