CHIMANLAL GOVINDJI THAKKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is directed against the judgment and order dated February 28, 1986 passed by the learned Addl. Sessions Judge, Nadiad, in Criminal Appeal No. 18 of 1985, whereby the learned Additional Sessions Judge confirmed the conviction and sentence of the petitioner-accused for the offence under Sec. 7 read with Sec. 16(1)(a) of the Prevention of Food Adulteration Act, 1954. The learned Judicial Magistrate, First Class, Anand, by his judgment and order dated 15-3-1985 held the petitioner-accused guilty and convicted him for the said offence and sentenced him to undergo rigorous imprisonment for three months.

(2.) At the outset, it may be stated that the petitioner-accused expired on September 12, 1986. By the order of this Court (Coram : M. B. Shah, J. (as he was then) dated February 4, 1988, the heirs and legal representatives of the deceased-accused were allowed to be substituted as the petitioners. Apart from that, the revision application will not abate due to death of the petitioner-accused, in view of the ratio laid down in the decision of the Supreme Court, reported in (Khedu Mohton v. State of Bihar), AIR 1971 SC 66.

(3.) The deceased Chimanlal Govindji Thakker was carrying on a business of grocery in the name and style of Chirag Kirana Store. The said shop was opened in February 1979 and was closed down in the year 1982 by winding up the business.