BALAJI NAGNATH WATTAMWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By filing the present Revision Application, the applicant is challenging his conviction and order of sentence imposed upon him by the learned Chief Judicial Magistrate, Nanded dated 09/04/1999 in R.C.C. No. 579/1998. By the said judgment, the applicant is convicted for the offence u/Ss. 7 (i), 2 (ia) (a), 7 (v) read with Rule 29 punishable u/Ss. 16 (1) (a) (ii) and 16 (1) (a) (i) of Prevention of Food Adulteration Act, 1954 [hereinafter referred as the "Act" for the sake of brevity]. He was directed by the learned Chief Judicial Magistrate to suffer Simple Imprisonment for six months and pay fine of Rs. 1,000/- [Rupees one thousand], in default to suffer Simple Imprisonment for one month. The Criminal Appeal No. 35/1999 filed by the applicant to challenge the Judgment and Order passed by the learned Chief Judicial Magistrate, is also dismissed by the learned Additional Sessions Judge, Nanded on 28/03/2003. Hence, the present revision application.

(2.) Heard Mr. S.S. Bora, the learned counsel for the applicant and Mr. V.P. Kadam, the learned A.P.P. for the respondent"State in extenso. With their able assistance, I have gone through the record and proceedings.

(3.) The learned counsel for the applicant did not dispute the fact that the complainant gave visit to the establishment of the applicant by name "M/s. Keshav Kirana and General Stores" situated at Workshop road, Nanded. He has also not disputed that on 17/03/1998, the complainant/Food Inspector purchased "Moong Dal" for the purpose of sample from the shop of applicant.