Court No. - 34
Case :- CRIMINAL REVISION No. - 780 of 1996 Revisionist :- Shishu Pal Sarma Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Y. Srivastava,Dr Akhilesh Kumar Sharma Counsel for Opposite Party :- Govt. Advocate Hon'ble Sudhir Agarwal,J.
1. Heard Sri (Dr.) Akhilesh Kumar Sharma, learned A.G.A. for State of U.P. and perused the record.
2. This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 16.5.1996 passed by Sri Pratap Singh, IInd Additional Sessions Judge, Aligarh in Criminal Appeal No.39 of 1995 dismissing the appeal and maintaining sentence to undergo imprisonment for six months and fine of Rs.1,000/- and in default of payment of fine, to undergo three months' imprisonment under Section 7/16 Prevention of Food Adulteration Act.
3. It is contended that applicant has brought food item from elsewhere for the purpose of sale and he was not responsible for any adulteration.
4. The submission is thoroughly misconceived. The adulterated food item was brought by revisionist for retail sale and therefore, he is equally responsible. Hence, offence under Section 7/16 of Prevention of Food Adulteration Act is made out against the revisionist.
5. No other ground has been raised.
6. Dismissed.
7. Interim order, if any, stands vacated.
8. Certify this judgment to the lower Court immediately.
Order Date :- 26.9.2019 KA