ORDER P.N. Bakshi, J. - The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R.I. and a fine of Rs. 1000/-. In default of payment of fine, he is to undergo 3 months' R.I. His conviction and sentence has been maintained in appeal by the Sessions Judge, Saharanpur. Hence this revision. 2. I have heard learned counsel for the applicant and have also perused the impugned orders. I have also perused the relevant papers with regard to the grant of sanction and the statement of the Food Inspector. 3. Very briefly stated the prosecution case is that a sample of Laddoo was purchased from the shop of the accused-applicant at 8-30 a.m. on 31st May, 1977, by the Food Inspector in accordance with the procedure prescribed by law. The analysis of the sample by the Public Analyst disclosed that it was adulterated as coal-tar-dye had been used in the preparation of Laddoo which was prohibited. After obtaining sanction, the applicant has been prosecuted and convicted as above. 4. The learned counsel for the applicant has argued that the sanctioning authority has not applied his mind to the facts of the case and therefore, the sanction is illegal. He has placed reliance upon a Supreme Court decision Mohd. Iqabal Ahmed v. State of Andhra Pradesh, AIR 1979 page 678. On this basis he has argued that the material on the record does not satisfy the requirement of lav/. From a perusal of the statement of the Food Inspector it is clear that after the receipt of the report of the Public Analyst, he dispatched the same along with the relevant documents including his report to the Chief Medical Officer, which I have examined minutely all the minor details with regard to the offence in question have been mentioned. The Food Inspector has also deposed that the sanction was accorded by the Chief Medical Officer after perusing the relevant papers sent by him. This statement of the Food Inspector goes unchallenged. The only question put to him in cross-examination is with regard to the date on which the relevant papers were dispatched and the Food Inspector gave a specific answer that they were dispatched on 20th August, 1977, to the Chief Medical Officer for his consideration.
This statement of the Food Inspector goes unchallenged. The only question put to him in cross-examination is with regard to the date on which the relevant papers were dispatched and the Food Inspector gave a specific answer that they were dispatched on 20th August, 1977, to the Chief Medical Officer for his consideration. The sanction in question has been accorded on 17th December, 1977, by the Chief Medical Officer, Saharanpur. From a perusal of the order for sanction, I find that there is a mention in it that he has perused all the relevant papers concerning the case, which have been sent to him and he is satisfied therefrom that sanction for prosecution be accorded. Taking these materials and the circumstances of the case, mentioned above, into consideration, I am satisfied that the sanctioning authority did peruse the papers concerning the case and applied his mind before giving sanction for prosecution. 5. Counsel for the applicant has also argued that the sentence is severe. Since the offence in question had taken place on the 31st of May, 1977, i.e. after the enforcement of the amendment Act 34 of 1976. I am afraid, it is not possible for me to interfere on this ground. A sentence of 6 months' R.I. and a fine of Rs. 1000/- is the minimum that can be awarded after the amendment. 6. For the reasons given above, I do not find any merit In this revision, which is hereby dismissed; The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of the sentence of imprisonment. The interim order granted by this Court on 2nd November, 1979, staying realisation of fine is hereby vacated. The Chief Judicial Magistrate Saharanpur, shall report compliance of my order within 4 months from today. The record of the case shall be transmitted to the Court below within 3 weeks from today.