RASHEED PASHA Vs. FOOD INSPECTOR

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction and order of sentence dtd. 4/9/2013 in C.C.No.403/2008 on the file of the Court of the Civil Judge and J.M.F.C., Alur and its confirmation judgment and order dtd. 24/6/2014 in Crl.A.No.171/2013 on the file of the Court of the Principal Sessions Judge at Hassan seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners / accused are convicted for the offences punishable under Ss. 7(i), 16(a)(i) of Sec. 16 of Prevention of Food Adulteration Act, 1954 (for short 'PFA Act').

(2.) The petitioners are the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the prosecution that, the respondent visited the shop of the petitioners No.1, on 15/5/2008, which is situated at Alur, Hassan District and collected the sample of ghee by drawing a mahazar and sent the said sample for chemical analysis to the Divisional Public Analyst-cum-Regional Assistant Chemical Examiner, Mysuru Division, Mysuru. On receiving the chemical analysis report from the Analyst, it is found that the sample which was drawn by the complainant is adulterated ghee. A complaint came to be lodged by the complainant in accordance with law against the petitioners and after registration of criminal case, the Trial Court opined that the petitioners are found prima facie guilty of the offences under Ss. 7(i), 16(a)(i) of Sec. 16 of Prevention of Food Adulteration Act, 1954 (for short "PFA Act").