RAMAN KRISHNA IYER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 16.11.2005 passed by Fast Track Court, Surat, in Criminal Appeal No.67 of 2001 confirming the judgment and order dated 15.10.2001 passed by learned Judicial Magistrate, First Class, (Municipal Court), Surat, in PFA Case No.80 of 1995, sentencing the petitioner for offences punishable under Sections 7 (1) and 16 of the Prevention of Foods Adulteration Act, 1954 (for short, "the PFA Act"), the petitioner has invoked revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure (for short, "CRPC").

(2.) Short facts giving rise to this petition are as under : -

(3.) Respondent No. 2 being Food Inspector employed with Surat Municipal Corporation, approached the petitioner at about 4:45 p.m. on 2.8.1995 and, after disclosing his identity, collected a sample of curd of 600 gms from 3 k.g. of curd found in a steel container from the petitioner's hotel "Madras Cafe" at Surat, as, according to him, it was kept for sale. He then added preservatives in required quantity, divided the same into three parts after stirring it, sealed it and forwarded it for analysis as required under the PFA Act and relevant Rules. According to second respondent, since it was found that the curd did not comply with the minimum standards laid down under AppendixB to Prevention of Food Adulteration Rules (for short, "Rules"), a case was made out and, therefore, after obtaining necessary sanction from the competent Authority, a criminal case came to be lodged and the petitioner was prosecuted and ultimately found guilty, as aforesaid.