VASANTRY J KHAMKATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (for short, 'the Code') challenging the judgment and order passed in Criminal Appeal No.74/86 dated 24.8.1992 under which the learned Appellate Judge dismissed the said appeal of the present petitioner and confirmed the judgment and conviction order recorded on 3.9.1986 in criminal case no.1927/84 convicting the present petitioner for offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 and sentenced him to undergo S.I. for three months. The petitioner was also directed to pay fine of Rs.500.00 and in default of payment of fine, he was required to suffer further S.I. for 15 days.

(2.) The facts of the case of the original complainant before the trial court may be briefly stated as follows: That original complainant-Ambalal K Patel was working as Food Inspector at Bhavnagar. He visited the shop of the petitioner on 7.3.1984 at 4 p.m. The petitioner was present there and he was selling milk. The petitioner introduced himself as Food Inspector and also told him that he wanted to purchase cow milk for the purpose of sending the sample for chemical analysis. Accordingly he collected milk in three bottles and then he sealed the same and thereafter one of the bottles was sent for analysis to the Public Analyst and on receiving the report from the public analyst, he placed the papers for sanction. After obtaining consent for prosecuting the petitioner, a complaint was filed before the learned Chief Judicial Magistrate First Class at Bhavnagar. There it was registered as criminal case No.1927/84.

(3.) The learned Magistrate conducted trial and at the end of the trial, learned Magistrate found that the petitioner had committed offence by selling adulterated milk to the complainant and, therefore, the learned Magistrate held the petitioner guilty for the offence and inflicted punishment on him as aforesaid. Feeling aggrieved by the said judgment and conviction of the trial court, the petitioner herein preferred the aforesaid criminal appeal unsuccessfully. Hence this revision.