ROOPAN MAL ISHVARDAS Vs. FOOD INSPECTOR KESHOD NAGARPALIKA

JUDGEMENT

(1.) Heard learned Advocate Mr. I. M. Kapoor for the petitioner, learned A.P.P., Miss B.S. Gajjar for the respondent No. 2 and Mr. Tirmizi for the respondent No. 1.

(2.) Rule. Learned Advocates appearing for the respondent Nos. 1 and 2 have waived service of Rule. By consent of parties, the matter is finally heard.

(3.) Being aggrieved and dissatisfied by the order dated 8/12/1997 passed by the learned Second Additional Sessions Judge, Junagadh, District Junagadh, in the matter of Criminal Appeal No. 3 of 1996, the petitioner has filed the present petition. That vide the impugned judgment and order the learned Second Additional Sessions Judge, Junagadh has dismissed the Criminal Appeal filed by the present petitioner and has confirmed the order of conviction and imposing of sentence on the petitioner, passed by the learned J.M.F.C., Keshod, District Junagadh in the matter of Criminal Case No. 541 of 1988; that vide said order the present petitioner is convicted for having committed ah offence under Sec. 7(iii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act") read with Rule 50(1) of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the "Rules") and has imposed the sentence under Sec. 16(1) of the Act for simple imprisonnetent of three months and to pay fine of Rs. 500.00; that in default of payment of fine, the petitioner is ordered to undergo simple imprisonment for further fifteen days.