MANMAL CHANDANMAL Vs. K G SHEIKH

JUDGEMENT

(1.) THE revisionist came to be convicted by Metropolitan Magistrate Court No. 6 for offences punishable under Section 7 read with Section (16) (a) (i) of the Prevention of Food Adulteration Act and sentenced to undergo R. I for three years with fine of Rs. 5000/- and in default, imprisonment for six months by judgment and order dated 26. 8. 1997 in Criminal Case No. 7 of 1992. Said judgment and order was challenged before the City Sessions Court, Ahmedabad by preferring Criminal Appeal No. 58 of 1997 which came to be dismissed by judgment and order dated 21. 12. 2001, and hence, this Criminal Revision Application.

(2.) BRIEFLY stated facts of the case are that the revisionist runs a provision store in the name of New Kesariyaji Provision Stores at Loharnagar, Mendi Kuva ,shahpur, Ahmedabad. The Food Inspector, Ahmedabad Municipal Corporation visited his shop on 21. 8. 1991, at about 9. 15 pm and purchased groundnut oil by way of sample. Sampling, sealing etc. was done and the sample was sent to the Public Analyst, who after examining the sample opined that the sample did not confirm to the required standards. The revisionist required the sample being sent to Central Food Laboratory, and the report again was to the same effect as, slight variation in the proportions. A complaint was lodged before the Magisterial Court after obtaining the sanction. The trial Court after considering the evidence led before it, recorded conviction, and the appellate Court upheld the same.

(3.) LEARNED advocate Mr. Barot appearing for the revisionist raised several points on procedural aspect that of drawing sample, cleaning of vessel, non-use of clean vessel, defect in sanction etc. , but, ultimately, he submitted that the conviction cannot be assailed legally. He, however, submitted that the trial Court has awarded the maximum punishment prescribed by law in absence of any extra-ordinary circumstances, and, therefore, the same may be appropriately reduced.