KASTURBHAI VISHWAMBHAR DAYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present revision application, filed under Section 397 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction and sentence dated 23

(2.) RD October, 1996 passed by the learned Metropolitan Magistrate Court No.6, Ahmedabad in Criminal Case No.22 of 1993, which was confirmed by the learned Additional City Sessions Judge, Court No.10, Ahmedabad vide judgment and oRDer dated 05

(3.) RD August, 1992 at about 10.00 hours the respondent No.2-Food Inspector had taken a sample of 600 gms of Chilly Powder in presence of his peon and paid the consideration for the same. Thereafter, after completing the necessary procedure, the Food Inspector sent the said sample to the Public Health Laboratory for analysis. As per the report of the Public Analyst, the sample does not conform to the standaRDs and provisions laid down under the Prevention of Food Adulteration Rules, 1955 and was adulterated. Therefore, the complainant filed a complaint before the learned Metropolitan Magistrate, Court No.6 for the offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.