JAGDISH CHHATARAM MULVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application is preferred by the applicant Jagdish Chhataram Mulvani under Section 397 read with Section 401 of the Code of Criminal Procedure challenging the legality and validity of the judgment rendered by Ld. Additional Sessions Judge, Junagadh on 16.03.2002 in Criminal Appeal No. 41/1997, whereby the Ld. Additional Sessions Judge, dismissing the said appeal, upheld the judgment and order recording conviction of the applicant, rendered by Ld. Judicial Magistrate First Class, Junagadh on 15.09.1997 in Criminal Summary Case No. 6110/1994. The Ld. Judicial Magistrate First Class, by judgment and order rendered on 15.09.1997, recorded the conviction of the applicant, who was original accused therein for the offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (in short "the PFA Act") and was sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/ -, and in default of payment of fine, simple imprisonment for one month.

(2.) THE prosecution case, in nutshell, is that the respondent No. 2, Food Inspector, who was original complainant before the Trial Court, visited the shop of the applicant -accused on 01.10.1993 at about 6:00pm and collected sample of tamarind water (ambali -nu pani). The sample was forwarded to Public Analyst and it was reported that the food article was adulterated.

(3.) THE applicant challenged his conviction by preferring Criminal Appeal No. 41/1997 in the Court of Ld. Sessions Judge, Junagadh. Learned Additional Sessions Judge, Junagadh, after hearing both the sides, dismissed the appeal and confirmed the conviction and sentence awarded by the Trial Court to the applicant -accused. This has given rise to the present revision petition.