AKIL ABBASBHAI KAPADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner is original accused of Criminal Case No. 765 of 1993, decided by the learned Chief Judicial Magistrate First Class, Kalol, Dist: Panchmahals holding him guilty for committing offence punishable under the Prevention of Food Adulteration Act (hereinafter referred to as the "p. F. A. Act" ). The said order of conviction and sentence passed by the learned J. M. F. C. , Kalol was assailed by the petitioner by way of preferring Criminal Appeal No. 43 of 1999 before the learned Sessions Court, Panchmahal at Godhra and the learned Additional Sessions Judge, Panchmahal at Godhra on 31st July, 1999 was pleased to dismiss the appeal of the petitioner and confirmed the finding recorded by the learned J. M. F. C.

(2.) THE petitioner thereafter preferred the present Revision Application under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure and has challenged the judgments of both the lower Courts on various grounds as mentioned in paragraph 4 of the memo of Revision Application.

(3.) TO appreciate the rival contentions, it is necessary to state the case of prosecution in brief. It is alleged that petitioner is having a shop in the name of Fakhari General Stores situated at and post Aeral, Tal. Kalol, Dist: Panchmahal. On 4th March, 1993 the respondent No. 2-Food Inspector visited the shop of the petitioner and took the sample of black pepper and sent the said sample to the Public Analyst, Vadodara for analysis and as per the report of the Public Analyst, the said sample was found to be adulterated. So, after completing the formality as required under the law, the respondent No. 2 filed a formal complaint against the petitioner for the offence punishable under Section 2 (1-A), (A) (M), 2 (9) (D) and under Section 7 (1) (2) (5) punishable under Section 16 (1) of the Prevention of Food Adulteration Act, 1954 in the Court of learned Judicial Magistrate First Class, Kalol wherein at the conclusion of the trial, the learned J. M. F. C. , was pleased to convict the petitioner-accused to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of making payment of fine to undergo simple imprisonment for one month. The said order of conviction and sentence has been challenged by the petitioner before the Court of Sessions by way of preferring an appeal and the learned Judge after considering the facts and evidence of the case so also, after hearing the parties, was pleased to dismiss the said appeal. Hence, the petitioner-accused is before this Court.