Satya Narain vs State Of U.P.
2012 Latest Caselaw 1806 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 544 of 2002
 

 
Petitioner :- Satya Narain
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vimal Kumar
 
Respondent Counsel :- Govt.Advocate,I.H. Iraqui
 

 
Hon'ble Ravindra Singh,J.

List is revised.

None appears to press this revision.

This revision has been filed against the impugned judgement and order dated 28.10.2002 passed by learned Addl. Sessions Judge/ FTC-V, Raebareli in criminal appeal No. 57 of 1998 whereby the appeal filed by the appellant has been dismissed and the judgement and order dated 10.8.1998 passed by learned I-A.C.J.M. Raebareli in criminal case No. 1137 of 1994 whereby the revisionist has been convicted for the offence punishable under section 7/16 Prevention of Food Adulteration Act and has been sentenced for six months RI with a fine of Rs. 1,000/-, in default  of payment of fine the revisionist shall undergo further imprisonment of six weeks.

From the perusal of the record it appears that in the present case  the sample of milk was taken by the Food Inspector, after completing the formalities the same was sent to the Public Anylist. According to the Public Anylist  the sample was found adulterated, it was having the deficiency of 45% in fatty matters and 30% in non fatty solid. The trial court after the evidence of P.W. 1 and P.W. 2 recorded the finding that there was violation of the mandatory provision of the Act. The prosecution has successfully proved his case beyond the  shadow of the doubt and milk was adulterated. In such circumstances the learned trial court convicted the revisionist  and sentenced him for six months RI with a fine of Rs. 1,000/- as sentence provided by the Act. Against the order of the conviction the revisionist filed the criminal appeal before the appellate court, the same has also been perused and after perusing the same the appellate  court has passed a well reasoned order by confirming the above conviction. Now in criminal revision re-appreciation of the evidence may not be done and there is no illegality in the impugned order. There is no substance in the present revision, it is devoid of merit, the same is dismissed and the order passed by learned trial court as well as the appellate court is hereby confirmed. The revisionist is on bail, his bail is cancelled. He is directed to appear before the court concerned to serve out the sentence. In case he does not appear the court concerned shall issue warrant of arrest against him and he shall be taken into custody forthwith, thereafter he shall be sent  to the jail for serving out the sentence as awarded by the trial court.

Accordingly this revision is dismissed.

Order Date :- 16.5.2012

RPD