JUDGMENT V.N. Varma, J. - This revision is directed against the judgment and order dated 5-11-1979 passed by Sessions Judge, Jalaun confirming the conviction and sentence recorded against the applicant in a case under section 7/16 of the Prevention of Food Adulteration Act. 2. The applicant runs a shop in village Semai, District Jalaun. On 19-11-1975 Sri B.L. Bharti, Food Inspector, visited his shop and it appeared to him that Ajwain that had been exposed for sale was adulterated. He, therefore, purchased some Ajwain and paid its price. It was divided in three parts and each part was kept in a phial and each phial was thereafter sealed in accordance with law. One of the phials was sent to the Public Analyst for analysis and report. The Public Analyst found inorganic extraneous matter to the extent of 4.12% and organic extraneous matter to the extent of 7.46% in the sample. According to him, the inorganic extraneous matter and the organic extraneous matter exceeded the permissible limits of 2% and 3% respectively and as such the sample was adulterated, Sri B.L. Bharti, Food Inspector, obtained the necessary sanction for the prosecution of the applicant from the Chief Medical Officer and then filed a complaint against the applicant under section 7/16 of the Prevention of Food Adulteration Act. At the request of the applicant the matter was referred to the Central Food Laboratory at Calcutta and the Director of the Central Food Laboratory found inorganic extraneous matter to the extent of 6.5% and organic extraneous matter to the extent of 11.3% in the sample. As such he also found the sample to be adulterated. 3. The applicant pleaded not guilty and claimed to be tried. 4. The trial court found the prosecution case fully proved and it, therefore, convicted the applicant and sentenced him to six months R.I. and a fine of Rs. 1,000/-. Aggrieved, he went up in appeal but in vain. And hence this revision. 5. I have heard the learned counsel for the applicant at some length and after doing so I do not think that this revision has any merit behind it. In my opinion the orders passed by the courts below are absolutely correct and call, for no interference. Admittedly the Food Inspector had visited the shop of the applicant on 19-11-1976 and had purchased some Ajwain from the applicant on payment of its price.
In my opinion the orders passed by the courts below are absolutely correct and call, for no interference. Admittedly the Food Inspector had visited the shop of the applicant on 19-11-1976 and had purchased some Ajwain from the applicant on payment of its price. The sample of Ajwain taken was first sent to the Public Analyst at Lucknow and later on to the Director of the Central Food Laboratory at Calcutta and both of them found the sample of Ajwain to be adulterated as it was found to contain inorganic extraneous matter and organic extraneous matter beyond the permissible limits. 6. In the trial court the applicant had raised a plea that the sanction obtained for his prosecution in this case was not legal and proper and as such his prosecution was bad in law. The sanction for the applicants prosecution had been given by the Chief Medical Officer Jalaun at Orai. It is Ex. Ka-7 on record. It is true that the sanction Ex. Ka-7 is a typed one but from this alone it cannot be inferred that the Chief Medical Officer had not applied his mind while giving his sanction for the prosecution of the applicant. On the other hand, a reading of Ex. Ka-7 will show that he had considered all the facts of the case before giving the said sanction. 7. Thus, from a perusal of what I have said above it is clear that the conviction of the applicant in this case is absolutely correct. The sentence awarded to him cannot be said to be excessive. 8. In the result, I find no force in this revision and dismiss it accordingly. The applicant is on bail, his bail-bonds are cancelled and he shall be taken in custody to serve out his sentence. Stay order dated 21-12-1979 in regard to the realisation of fine is vacated.