Court No. - 34
Case :- CRIMINAL REVISION No. - 1662 of 1992 Revisionist :- Hari Ram Shukla Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- V.B. Rao Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri V. B. Rao, learned counsel for revisionist and learned A.G.A. for State.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 14.07.1992 and 21.11.1992. The IInd Additional Chief Judicial Magistrate, Banda vide judgment and order dated 14.07.1992 in Criminal Case No.915/IX of 1991 convicted and sentenced revisionist to three months rigorous imprisonment with fine Rs.500/- and in default of payment of fine, additional term of two months simple imprisonment under Section 7 (iii) read with Rule 50 and Section 16 (1) (a) (iii) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954"). Thereagainst revisionist preferred Criminal Appeal No.44 of 1992 before the Court of Sessions Judge, Banda (hereinafter referred to as "Appellate Court") and Appellate Court has dismissed the appeal vide judgment and order dated 21.11.1992 and confirmed the judgment and order of conviction and sentence passed by Court below. Being aggrieved the revisionist preferred present revision.
3. Learned counsel for revisionist contended that revisionist has been convicted for want of license though it could not be shown that he was selling the milk, but it is evident from record that Revisionist possessed 25 litres of Milk in a container and no valid explanation could be offered by Revisionist for the same. Both Courts below have recorded concurrent findings that the Milk was either for sale or storage and in both the circumstances license was required.
4. In absence of any evidence to show that revisionist had valid license either to purchase or storage of such huge quantity of milk, it cannot be said that conviction of revisionist under Section 7 (iii) read with Rule 50 and Section 16 (1) (a) (iii) of Act, 1954, is bad or erroneous.
5. Dismissed. Interim order, if any, stands vacated.
6. The accused-revisionist, Hari Ram Shukla is on bail. His bail bonds and surety bonds are cancelled. The Chief Judicial Magistrate concerned shall cause him to be arrested and lodged in jail to serve out the sentence passed against him. The compliance shall be prepared within two months.
7. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 Manish Himwan