BABUBHAI MAKANBHAI NAYKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Revision Application arises out of the judgment and order rendered by the learned Additional Sessions Judge, Valsad at Navsari, in Criminal Appeal No. 8/89, on 20. 2. 1995. The said appeal was preferred against the judgment and order rendered by the learned Judicial Magistrate, First Class, Navsari, on 26. 12. 1988, in Criminal Case No. 1489/1984. 1. 1 The revisionist was charged with an offence punishable under Section 16 of the Prevention of Food Adulteration Act, 1954 ["the Act" for short] and came to be convicted therefor. He was sentenced to undergo S. I for six months and to pay a fine of Rs. 1000/-, in default, to undergo further S. I for two months.

(2.) ACCORDING to the prosecution case, Food Inspector, Navsari took sample of buffalo milk from the revisionist, which was meant for sale, sent it to the Public Analyst and it was found that the milk contained lesser degree of Fat percentage than the minimum prescribed under the Prevention of Food Adulteration Rules, 1955. He, therefore, came to be prosecuted therefor, after obtaining the necessary sanction. On the basis of the evidence led by the prosecution, the trial Court came to the conclusion that the charge was proved against the revisionist and, therefore, recorded the conviction. 2. 1 The judgment of the trial Court was challenged before the Sessions Court, Valsad at Navsari by preferring Criminal Appeal No. 8/89, and the Sessions Court dismissed the appeal, confirming the judgment of the trial Court. Hence, this revision application.

(3.) THIS Court has heard the learned counsel for the parties, and also examined the record and proceedings.