SUNIL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS criminal revision petition under Section 397 read with Section 401 and 482 Cr.P.C has been preferred by the petitioner against an order dated 3rd September 2010 passed by learned ASJ.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that on 30th December 1993, Food Inspector visited the shop being run in the name of Sunil Kiryana Store in Main Market, Kondli. Accused Sunil Sharma was present at the shop doing business. When Inspectors of Food Department were in the process of collecting samples, father of Sunil Sharma namely Rajinder Kumar Sharma along with some persons came to the shop and started manhandling the officials and thereafter both father and son snatched the sample bottles from the Food Inspectors and manhandled them and pushed them out of the shop. The matter was reported to the police and an FIR under Sections 186, 353 IPC was registered and a complaint case under Food Adulteration Act was also registered. The Food Department filed a complaint under Section 16(i) (c) of PFA Act and the police after investigation filed challan under Section 186/353 IPC. Both the cases were tried together and the trial court convicted both the accused persons under Section 16(i)(c) of PFA Act as well as under Section 186/353 IPC and sentenced the accused persons to undergo one year imprisonment with fine under PFA Act and two months with fine under Section 186 IPC and 3 months with fine under Section 353 IPC.