UMESH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal re­vision preferred, under section 397/401 of The Code of Criminal Procedure, 1973 thereinafter to be referred as Cr.P.C.) is di­rected against the judgment and order dated 20.07.1995 passed by Chief Judicial Magis­trate, Nainital in Criminal Case No. 233/1993, State v. Umesh Chandra Joshi, whereby the Chief Judicial Magistrate has convicted the revisionist-accused under sec­tion 7/16 of The Prevention of Food Adul­teration Act, 1954 thereinafter to be refereed as an Act) read with Rule-44-A and sen­tenced him to undergo 2 years' R.I. with fine of Rs. 2, 000/-. In default of payment of fine further six months' simple imprisonment was awarded to the revisionist-accused and against the judgment and order dated 8.9.1997 passed by II Addl. Sessions Judge, Nainital, in Criminal Appeal No. 20 of 1995, Umesh Chandra Joshi v. State of U.P. whereby the appeal of the revisionist-accused was partly allowed and the conviction of the re­visionist-accused was upheld but the sen­tence of 2 years' R.I. was reduced to six months' R.I. and the fine of Rs. 2, 000/- im­posed by the Trial Court against the revi­sionist-accused is confirmed.

(2.) I have heard Sri L.K. Tewari, learned Counsel for the revisionist and Sri Harish Pujari, learned Addl. Govt. Advo­cate for the State and perused the record of the case.

(3.) THEREAFTER , the charge was framed against the revisionist-accused under sec­tion 7/16 read with Rule 44-A of the Act and Rules. Charge'was read over and ex­plained to the accused-revisionist who pleaded not guilty and claimed to be tried.