Tahseen v. State of U.P.

Court No. - 34 Case :- CRIMINAL REVISION No. - 413 of 1988 Revisionist :- Tahseen Opposite Party :- State Of U.P. Counsel for Revisionist :- Satish Kumar,H.K. Sharma Counsel for Opposite Party :- A.G.A.

Hon'ble Sudhir Agarwal,J.

1. Heard Sri Devendra Pratap Singh, Advocate, holding brief of Sri H.K. Sharma, Advocate, for revisionist and learned A.G.A. for State.

1. The instant revision is being filed against order dated 21.3.1988 passed by the then learned Addl. Sessions Judge, Saharanpur in Criminal Appeal No. 44 of 1987, arising out of judgment and order dated 13.3.1988, passed by Special Judicial Magistrate (Economic Offences), Saharanpur in Criminal Case No. 2676 of 1985, whereby the accused revisionist had been found guilty, convicted and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.1000/- for the offence punishable under section 7/16 Prevention of Food Adulteration Act and further to undergo two months' rigorous imprisonment in default of payment of fine.

1. The sample of milk was taken from the accused on 20.02.1983 at 7.30 a.m. by the Food Inspector after completing due formalities. It was sent for chemical analysis which was found to be adulterated.

1. The prosecution of the accused had taken place after valid sanction from Chief Medical Officer concerned. The guilt of the accused was made out from the record as held by the learned Magistrate. The finding of guilt was confirmed by first Appellate Court.

1. Counsel for revisionist could not point out any legal or otherwise infirmity in the judgments under question. Both the Courts below have recorded concurrent findings. Hence, I do not find any patently illegality warranting interference.