ISHWARLAL GADARIA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this revision petition the applicant has challenged legality and propriety of the judgment dated 10.2.2000 passed by the Second Additional Sessions Judge, Rajnandgaon, in Criminal Appeal No. 188/96, affirming the judgment of conviction and order of sentence dated 14.8.1996 passed by the Chief Judicial Magistrate, Rajnandgaon, in Criminal Case No. 1054/95, whereby the trial Court after holding the applicant guilty for the offence punishable under Sections 16(1)(1 -A) and 16(1)(1 -B) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') sentenced him to undergo R.I. for six months and fine of Rs. 1000/ -, in default of payment of fine to further undergo S.I. for three months on each count. I have heard learned counsel for the parties, perused the judgment impugned, judgment of the trial Court and records of the Courts below.

(2.) AS per case of the prosecution, on 7.1.85, Food inspector V.K. Jain (PW -1) has purchased the sample of milk after showing his intention of analysis and after complying the procedure he has sent the sample for analysis. As per report of analysis report Ex. P/6 dated 22.11.1985 sample was found adulterated. Prosecution was launched. The applicant has exercised his right under Section 13(2) of the Act. Second sample was sent for analysis, which was broken and damaged. During the course of trial third sample was also sent and same was found adulterated. After trial the trial Court has convicted and sentenced the applicant as aforementioned, which has been affirmed by the revisional Court.

(3.) ON the other hand, learned Penal Lawyer for the State opposes the revision.