CLEMANT CHHOTALAL CRISTIAN Vs. PARSHOTTAM SAVJIBHAI PARMAR

JUDGEMENT

(1.) . petitioner who is the original accused in Criminal Case No. 318 of 1984 has approached this Court for quashing and setting aside the judgment and order of conviction dated 28-12-1984 passed by the Court of the learned Metropolitan Magistrate, Court No. 6, Ahmedabad and also the judgment and order of conviction confirmed in Appeal No. 15 of 1985 by the Court of the learned Addl. City Sessions Judge, Ahmedabad on 31-12-1985.

(2.) . The short facts of the case are that the Food Inspector of Ahmedabad Municipal Corporation visited the shop of the accused on 29-9-1983 at 9-15 a.m., which was run in the name and style of ''Samson General Stores". The Food Inspector was accompanied by one peon and in the presence of the Panchas, the ground-nut oil weighing 400 grams from the said shop was purchased for the purpose of analysis. The price was paid for the said oil purchased. The oil was divided into three bottles and the bottles were sealed as required under the provisions of law. One of the samples was sent to the Public Analyst and the same was found to have been adulterated by the Public Analyst inasmuch as castor oil test was found positive. The accused applied to the learned Metropolitan Magistrate for sending another bottle to the Central Food Laboratory, Pune and the same was sent by the Court and the Certificate of the Central Food Laboratory was received, wherein it was stated that the sample of ground-nut oil was found to be adulterated inasmuch as the castor-oil test was positive.

(3.) . The prosecution led evidence before the Court of the learned Metropolitan Magistrate, Court No. 6, Ahmedabad, who by his judgment and order dated 28-12-1984 convicted the accused for the offence punishable under Sec. 7 read with Sec. 16(1) of the Prevention of Food Adulteration Act and sentenced the present petitioner to suffer simple imprisonment for six months and fine of Rs. 1000.00 and in default, to suffer simple imprisonment for three months.