NAVINCHANDRA HIMMATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Navinchandra Himmatlal preferred this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure (Cr.P.C.) challenging the legality and validity of the judgment and order rendered by the Ld. Addl. Sessions Judge, Ahmedabad City on 18.8.2000 in Criminal Appeal No. 9/1995, whereby the Ld. Addl. Sessions Judge confirmed the judgment and order rendered by the Ld. Metropolitan Magistrate, Court No. 8, Ahmedabad, on 13.12,1994 in Criminal Case No. 138/1989 whereby the petitioner was convicted for the offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (for short 'the Act') and sentenced to undergo rigorous imprisonment (for short 'RI') for six months and to pay fine of Rs. 1,000, in default of payment of fine, to undergo further RI of one month.

(2.) The prosecution case, in nutshell, is that the respondent No. 2 Mr. H.H. Dave, Food Inspector, Ahmedabad Municipal Corporation on 18.11.1988 at 7.20 a.m., visited the shop of petitioner. Navinchandra Himmatlal and collected sample of cow-milk from the shop. When the sample was analyzed by the Public Analyst, it was opined to be not in conformity with the standards laid down under the Prevention of Food Adulteration Rules (for short 'the Rules') and was found to be adulterated.

(3.) Being aggrieved and dissatisfied with the order of conviction recorded by the trial Court, the petitioner-accused preferred Criminal Appeal No. 9/1995 before the Sessions Court, Ahmedabad City. After considering evidence on record and the submissions made on behalf of both the sides, Ld. Addl. Sessions Judge, by impugned judgment and order dated 18.8.2000, dismissed the appeal preferred by the petitioner-accused and confirmed the order of conviction and sentence rendered by the Ld. Metropolitan Magistrate, Ahmedabad. This has given rise to the present revision application under section 397 read with Section 401 of the Cr.P.C.