PIRMOHAMMAD IBRAHIM Vs. MANILAL GOPALDAS PATEL

JUDGEMENT

(1.) . This is a Criminal Revision Application under Sec. 401 of the Criminal Procedure Code, 1973 (for short "the Cr.P.C.") filed by original accused of Criminal Case No. 1061 of 1982 which was pending on the file of the learned Judicial Magistrate, First Class, Patan (who will be referred to hereinafter as the learned Judge of the trial Court for brevity), by which he has challenged the correctness, legality and propriety of judgment Ex. 7 dated 29-4-1989 rendered by the learned Additional Sessions Judge, Mahesana (who will be referred to as the learned Appellate Judge).

(2.) In Criminal Case No. 1061 of 1982, the accused was tried for an offence punishable under Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short "the Act") for contravention of Sec. 7 of the Act, and on the trial being over, the learned Magistrate by rendering his Judgment Ex. 73 dated 30-9-1988 passed an order of conviction and sentence and by that order of conviction and sentence, the accused has been convicted for said offence and sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. l,000/-, and in default of fine, to further undergo Simple Imprisonment for 15 days.

(3.) Being aggrieved against the said judgment of conviction and sentence, the accused preferred Criminal Appeal No. 61 of 1988 to the Sessions Court, Mahesana. After hearing the appeal, the learned Appellate Judge dismissed the appeal preferred by the accused, meaning thereby the learned Appellate Judge confirmed the judgment of conviction and sentence rendered by the learned Magistrate.