FOOD INSPECTOR Vs. VINOD KUMAR

JUDGEMENT

(1.) Ld. counsel for the State submits that vide judgment dated 27.07.2010 ld. ACMM held the respondent guilty for violation of sub clause (a)(j)(m) of Section 2(ia) punishable under Section 16(1A) read with Section 7 of the PFA Act and vide order of sentence dated 31.07.2010, he was sentenced to RI for a period of 01 year and fine Rs.5,000/- for violation of sub-clause (a)(j)(m) of Section 2(ia) punishable under Section 16(1A) read with Section 7 of the PFA Act.

(2.) Being aggrieved the petitioner challenged the abovesaid order before the Sessions Court. Vide judgment dated 27.04.2011, ld ASJ has modified the order passed by ld. MM to the extent of sentencing him to pay fine of Rs.50,000/- or in default SI of 03 months by keeping in view his responsibility towards his wife and three minor children and that he had no criminal antecedents.

(3.) Ld. APP has pointed out that ld. Special Judge/NDPS has also not differed with the finding recorded by the ld. trial court, holding the appellant guilty for offences punishable under Section 16(1A) read with Section 7 of the PFA Act for violation of (a)(j)(m) of Section 2(ia) of the PFA Act, and has recorded in its Impugned Judgment para 15 as under: