PIRUBHAI JANIBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed to quash and set aside the judgment and order of the learned Additional City Sessions Judge, Ahmedabad dated 23.02.1999 passed in Criminal Appeal No.64 of 1996.

(2.) Before the matter was taken up for final hearing, learned Advocate for the applicant fairly conceded that he is not in a position to argue the matter on merits. However, he has requested that as regards the aspect of quantum of punishment imposed on the applicant is concerned, the same may be considered sympathetically.

(3.) The brief facts of the case are that the original complainant-Mr. M.S. Pandya who was serving with the Ahmedabad Municipal Corporation as Food Inspector, at the relevant point of time, went to the shop run buy the present applicant in the name of 'Salim Faluda Centre' and purchased a sample of ice cream. Mr. Pandya, thereafter, sent the said sample for analysis to the Public Analyst. Since, as per the report of the Public Analyst, the sample collected from the shop of the applicant was not found in conformity with the prescribed standards, a complaint for the offence punishable under Section 7 read with Section 16(1)(A)(i) of the Prevention of Food Adulteration Act, 1954 came to be registered against the applicant.