NAVNEET BAGANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision arises out of the judgment dated 01.09.2007 passed by Sessions Judge Rajnandgaon in Criminal Appeal No.43/2007 affirming the judgment dated 13.07.2007 passed by JMFC, Rajnandgaon in Criminal Case No.367/2006 convicting the accused/applicants under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for brevity "Act of 1954" ) and sentencing each of them to undergo RI for six months and pay fine of Rs.1000, plus default stipulation.

(2.) According to the prosecution case, Navneet Bagani (applicant No.1) proprietor of Navneet Kirana Store, Rajnandgaon had stored edible mustard oil (Bansari) manufactured by Amrit Enterprises Ltd., in which Mukul Kishore (applicant No.3) worked as chemist and marketing of said oil was done by Amrit Banaspati Co. Ltd. of which applicant No.2 was the Quality Control Officer. On 29.07.2003, R.S.Diwakar (PW-2) purchased mustard oil from the shop of applicant No.1 in polly-pack having batch No. M 11, manufactured in the month of April, 2003 with endorsement "best before six months from the manufacturing date". The said article which was purchased from the shop of applicant No.1 were sealed as per the provisions of the Act of 1954 read with Prevention of Food Adulteration Rules, 1955 (for short "Rules of 1955") and sent for chemical examination on 01.08.2003 to the Public Analyst. The said article was examined by the Public Analyst appointed as per the provisions of the Act of 1954, and on the basis of his report dated 08.09.2003 (Ex. P-29), charge sheet was filed against the applicants after giving relevant notices to applicants No.2 and 3.

(3.) Learned Magistrate vide its order dated 13.07.2007 found the accused/applicants guilty under Section 7(1) read with Section 16(1)(a)(i) of the Act of 1954 and imposed the sentence on them as referred to above. In appeal also the findings recorded by learned Magistrate have been maintained as a whole vide judgment under challenge in this revision petition dated 01.09.2007.