JEEVAN LAL NAHATA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this revision under Section 397 read with Section 401 of the Code of Criminal Procedure. the Applicant has challenged legality & propriety of the judgment dated 7-10-96 passed by the Additional Sessions Judge, Dhamtari in Criminal Appeal No. 6/ 96, affirming the judgment of conviction & order of sentence dated 5-1-96 passed by the Judicial Magistrate First Class, Dhamtari in Criminal Complaint Case No. 1943/92, whereby learned Judicial Magistrate First Class has convicted the Applicant under Section 7 read with Section 16 (I) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') and sentenced him to undergo imprisonment for six months & pay fine of Rs. 1,000/-, in default of payment of fine to further undergo imprisonment for three months.

(2.) As per case of the complainant/prosecution, the Applicant has sold groundnut oil to the complainant Food Inspector which was found adulterated. After complying the procedure prescribed in the Act, complaint was filed before the competent Court against the Applicant herein and also against Ranulal Chaganlal Firm through Devichand. During the course of trial, Ranulal Chaganlal Firm was discharged on the ground that the said Firm was not manufacturer, distributor or dealer of the packed container and the Applicant has not satisfied the Court that the co-accused has sold the packed container to him. After providing opportunity of hearing to the parties, learned Judicial Magistrate First Class convicted & sentenced the Applicant as aforementioned and while affirming the judgment of conviction & order of sentence, the appellate Court has dismissed the appeal.

(3.) 1 have heard learned Counsel for the Applicant, perused the judgment impugned and record of both the Courts below.