LAXMICHAND BHAILAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is directed against the judgment and order dated May 29, 1985 of the learned Sessions Judge, Ahmedabad in Criminal Appeal No. 159 of 1984 confirming the judgment and order of conviction dated July 25, 1985 passed by the learned Metropolitan Magistrate, Court No. 8, Ahmedabad convicting the petitioner-accused for the offence under Secs. 7 and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentencing him to undergo six months' S.I. and fine of Rs. 1,000.00 in default to undergo one month S.I. The case of the prosecution is that on June 16, 1983 at about 9-00 a.m. Food Inspector Abdul Razak Shaikh of Ahmedabad Municipal Corporation (which came to be added as a party-respondent pursuant to the order dated March 29, 1995) visited shop of the petitioner. The complainant Food Inspector purchased the ghee from the shop of the petitioner in presence of the panchas. The complainant thereafter divided said quantity of purchased ghee into three parts and packed and sealed in different bottles. One part thereof was sent to the Public Analyst. Report of the Public Analyst was received certifying that the sample anaylsed by him was found to be adulterated. The complainant having obtained necessary sanction, lodged the complaint against the petitioner-accused in the Court of the learned Metropolitan Magistrate, Court No. 8, Ahmedabad. A summary Case No. 38 of 1983 for the aforesaid offences under the said Act came to be registered against the petitioner-accused.

(2.) The petitioner-accused appeared in response to the process issued in the matter. He pleaded not guilty. The learned Magistrate having gone through the record and the evidence on record, held the petitioner to be guilty for the offences and convicted and sentenced him as aforesaid.

(3.) Being aggrieved and dissatisfied by the said judgment and order of conviction referred to above, the petitioner preferred appeal before the Sessions Court being Criminal Appeal No. 159 of 1984. The learned Additional Sessions Judge, Ahmedabad, by the impugned judgment and order confirmed the order of conviction passed by the trial Court as noted above. It is against this judgment and order of conviction that the petitioner has approached this Court by way of this petition.