AARIF A. GANI MEMON Vs. FOOD INSPECTOR

JUDGEMENT

(1.) By way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the judgment and order dated 12th November, 2003 passed by the learned Additional Sessions Judge, Veraval in Criminal Appeal No. 43 of 2001 by which he has confirmed the judgment and order dated 31st March, 1995 passed by the learned Judicial Magistrate First Class, Kodinar in Criminal Case No. 120 of 1989 whereby the learned Judicial Magistrate First Class convicted the present applicant for the offences punishable under Sections 2 and 7 read with Section 16 of the Prevention of Adulteration Act and ordered to undergo rigorous imprisonment for a period of six months and also imposed fine of Rs. 1,000/-, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of two months.

(2.) The short facts of the case is that the Respondent No. 1-original complainant serving as Food Inspector in the Kodinar Nagarpanchayat. It is the case of the Food Inspector that on 18th September, 1991 he visited the shop of the applicant and purchased three bottles of chilly powder by paying consideration. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Health Laboratory for analysis. On examination, the Public Analyst found that the said sample was adulterated. Therefore, after following the due procedure, complaint was filed against the present applicant on 27lh February, 1989 in the Court of the learned Judicial Magistrate First Class, Kodinar and the learned Judicial Magistrate First Class framed charge under Sections 7(1) and 16 of the Prevention of Food Adulteration Act and the case was registered as Criminal Case No. 120 of 1989.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has convicted the present applicant as stated above vide his judgment and order of conviction dated 31st March, 1995 for the offence punishable under Sections 2, 7 and 16 of the Prevention of Food Adulteration Act.