SHAMBHUBHAI SANKABHAI Vs. CHANDRAKANT DEVSHANKER

JUDGEMENT

(1.) The Revisional Petitioner - original accused has brought under challenge the judgement and order dated 30/05/1986 passed by the learned Addl. Sessions Judge, City Sessions Court at Ahmedabad in Criminal Appeal No. 66 of 1985 confirming the conviction of the accused under Sec. 7 read with Section 16(1)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "The Act") rendered by the learned Metropolitan Magistrate, Court No. 8 in Criminal Case No. 124 of 1982 sentencing the accused to suffer six months, Simple Imprisonment and the fine of Rs. 1000.00 and in default one month's Simple Imprisonment.

(2.) The case of the prosecution was that on 26/06/1982 at about 6.00 a.m. the accused was intercepted by the Food Inspector of Ahmedabad Municipal Corporation and the Inspector purchased a sample from him in presence of Panch Dilipkumar Tarachand Shah and Peon Sarabhai Bhanabhai for its analysis by a Public Analyst. Upon the analysis having been carried out by the Analyst it was found that the sample was adulterated. Complaint was filed before the learned Metropolitan Magistrate and when the accused filed appearance one packet of the sample was prayed for being sent to the Central Food Laboratory and the Central Food Laboratory opined that the sample was adulterated.

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