HIMATLAL MOTICHAND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is preferred against the order of conviction and sentence recorded by Judicial Magistrate, First Class, Botad in Criminal Case No. 15 of 1983 on 18-1-1985 by which the petitioner has been convicted and sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 2,000.00 for an offence punishable under Sec. 7(1) read with Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'), which is confirmed by Additional Sessions Judge, Bhavnagar in Criminal Appeal No. 6 of 1985 on 30/06/1986.

(2.) Succinctly stated, the facts of the case as it emerges from the record of this case are as under : Respondent No. 2, Food Inspector (hereinafter referred to as 'the Food Inspector'), on 21-9-1983, took sample of chilli powder weighing 600 grams for analysis under the Act, which on analysis by the Public Analyst, was found to be adulterated, i.e., not according to the standard. There was presence of coaltar dye. On receipt of the report of the Public Analyst, after obtaining consent of appropriate authority required under the Act, Food Inspector filed a complaint before Judicial Magistrate, First Class, Botad on 27-7-1983. Learned Magistrate framed charge vide Exh. 36 on 1-9-1984 to which the accused pleaded not guilty. Thereafter, the learned Magistrate, after recodrding further evidence, according to the procedure, heard the submissions by the learned Advocates and after considering the Statement of the accused under Sec. 313 and on appreciation of evidence, convicted and sentenced the accused-petitioner herein, as aforesaid. The matter was carried in appeal. Having failed, the petitioner has approached this Court by way of this Revision Application.

(3.) Mr. Shah, learned Advocate for the appellant further contended that there is a breach of provisions contained in Sec. 11(l)(c) of the Act. Section 11(l)(c) of the Act reads as under :