RAMESHCHANDRA BUDERMAL RAJAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners­original accused are aggrieved by judgment and order dated 30/07/2005 passed by the learned Additional Sessions Judge, Junagadh @ Veraval in Criminal Appeal No.4 of 2000, whereby the order of conviction and sentence recorded by the learned 3rd Joint Judicial Magistrate First Class, Veraval in Criminal Case No.1943 of 1993 dated 18/02/2002 under Sections 7 (1) and (5) read with Section 16 of the Prevention of Food Adulteration Act, 1954 (for short the Act) came to be confirmed.

(2.) As per prosecution case, on 26/03/1993 at about 12:30 p.m., the complainant­Food Inspector visited the petitioner's shop and took the sample of biscuit for analysis which were, after following necessary procedure, sent to the Public Analyst, Vadodara and was rejected by the said laboratory as adulterated by its report dated 16/06/1993. The complaint was therefore made alleging the adulteration of the food within the meaning of Sections 2(ia)(a), 2(ia)(b), 2(ia)(j) and 2(ia)(m) and thus it was alleged that the petitioners violated Rule 8 of the Food Adulteration Act as also Section 7(1) and 7(5) of the PFA Act.

(3.) On the basis of the material placed before the learned trial Court, Criminal Case No.1943 of 1993 was registered and charge was framed and the accused having denied the charge, they were tried and found guilty and were unsuccessful in appeal as aforesaid.