GANPATBHAI T PRAJAPATI Vs. FOOD INSPECTOR

JUDGEMENT

(1.) Heard Mr.Joshi, learned counsel appearing on behalf of Mr.P.M. Thakkar, learned senior counsel for the petitioner.

(2.) By way of this Revision Application, the petitioner has assailed the legality and validity of the judgment and order dated 21st October, 1992 of conviction and sentence passed by the Metropolitan Magistrate, Court No.6, Ahmedabad, and confirmed by the Additional City Sessions Judge, Ahmedabad, vide judgment and order dated 11th February, 1994, on various grounds mentioned in the memo of the Revision.

(3.) Mr. Joshi has mainly relied upon the following aspects of the matter : (i) The Courts below ought to have held mat there was no valid sanction which can be said to be sanction granted by applying mind from the Competent Court to prosecute the petitioner under Section 20( 1) of the Prevention of Food Adulteration Act, 1955 (hereinafter referred to as 'the Act') and therefore, such prosecution cannot sustain and therefore, the same is required to be quashed and set aside. (ii) That while affording opportunity to explain the case of the prosecution, no specific question as to the findings recorded by the Central Analyst has been asked in the present case and therefore, non-asking of such questions goes to the root of the validity of the judgment and order of conviction and sentence and hence, the same is required to be quashed and set aside.