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1980 DIGILAW 994 (ALL)

Lutawan v. State of U. P

1980-10-27

J.P.CHATURVEDI

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JUDGMENT J.P. Chaturvedi, J. - This is a revision by Lutawan against a judgment and order of the learned III Additional Sessions Judge, Azamgarh in Criminal Appeal No. 97 of 1978 affirming the conviction and sentence passed on him by the learned Judicial Magistrate, II, Azamgarh. 2. The prosecution case was that the applicant Lutawan had a sweetmeat shop in the Bazar of Azamgarh city and that on 31st of August, 1975 at 1.45 p.m. the Food Inspector Sri Nath Ji Prasad purchased sample of Besan ki Barfi from the shop of the applicant and sent it for analysis to the Public Analyst who found that the Barfi was coloured with coal-tar dye viz. Metanil yellow, which was not permissible and, therefore, the article was adulterated. 3. The applicant pleaded not guilty. He denied the taking of the sample by the Food Inspector. 4. The prosecution examined P.W. 1 Sri Nath Ji Prasad, Food Inspector and P.W. 2 Hazari Lal who have proved the purchase of the sample Barfi from the shop of the applicant. No illegality or irregularity has been pointed out in the findings of the lower appellate Court and after going through the record and the evidence, I am also unable to find any. 5. Learned counsel for the applicant contended that the sentence was severe. Considering the facts and circumstances of the case, the substantive sentence of imprisonment is reduced from one year to six months R.L The sentence of fine is maintained. 6. Subject to the above modification the revision is dismissed. The applicant Lutawan is on bail to which he shall surrender. He shall be taken into custody to serve out his sentence passed by this Court. The order of stay of fine is vacated.