JAGDISHCHANDRA KHANDULAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Revision Application is directed against judgment and order dated 04.04.2005 passed by learned Additional Sessions Judge, Fast Track Court No. 4, Jamnagar, dismissing Criminal Appeal No. 18 of 2002, in turn confirming judgment and order dated 27.09.2001 passed by learned Judicial Magistrate (First Class), Kalavad, in Criminal Case No. 510 of 1996.

(2.) LEARNED Judicial Magistrate convicted the present applicant for the offence punishable under Section 7(1) read with Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 and sentenced him to simple imprisonment for six months and fine of Rs.500/, in default of payment of fine undergo further one month imprisonment. The said conviction and sentence was confirmed in the Appeal, being the impugned judgment.

(3.) THE applicantaccused had been running business in the name of M/s. Khandlal Zaverchand and Sons at the address near State Bank of Saurashtra, at Kalavad and used to sell food items. On 12.08.1996, the complainant Food Inspector took a sample of chilly powder from the plastic bag kept in the shop of the applicant collecting 350 grams in the presence of panchas. Having undergone the procedure under the Food Adulteration Rules, the samples were collected in three parts, one part was sent to the Public Analyst, Rajkot and remaining two parts were sent to the Assistant Director, Local Health Authority.