NIZAMUDDIN SIDDIKBHAI TIGALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision is directed against the order of conviction and sentence passed by Judicial Magistrate, First Class, Gondia on 21-3-1984 under Sec. 7-(i) read with Sec. 2-(i)-(c) punishable under Sec. 16 of Prevention of Food Adulteration Act, 1954 whereby he was sentenced to suffer R. I. for 6 months and fine of Rs. 1,000.00. This order was confirmed by the Appellate Court of the Additional Sessions Judge, Gondia on 30-1-1985 confirming the conviction, but reducing the sentence.

(2.) The applicant is a trader in Kirana goods and also runs an oil mill at Gondia. The complainant Shri Shribhate, Food Inspector, Bhandara visited the Kirana shop of the applicant/accused on 24-1-79 along with panchas. He had taken samples of mustard seeds from the applicant on payment. The mustard seeds were divided in three parts and each part was packed in dry empty clean polythene bags. The mouth of each bag was duly closed with flame and were then carefully wrapped in thick brown paper. The paper slip issued by the Local Health Authority bearing Code number and signature of the Local Health Authority was pasted on each bag. Each sample packed was then horizontally and vertically tied by a tag by wax seal. One of the sample bags was sent to the Public Analyst. While the remaining 2 were sent to the Local Health Authorities. The sample was received by public analyst on 27-1-1979 and the report of Public analyst is received on 6-3-1979. The Food Inspector thereafter secured the consent for prosecution on 31 5-1979 and lodged complaint in the trial court. After recording some evidence before charge, the trial court framed charges against the applicant to which the accused abjured his guilt and claimed to be tried. Further cross-examinations was held and on 9-2-1984 the statement of the accused under Sec. 313 Criminal Procedure - Code was recorded and the Trial Court delivered its judgment on 21-3-1984 convicting the applicant as above. The appeal preferred by the applicant came to be dismissed on 30-1-1985. These two concurrent orders of conviction and sentence are being impugned by the applicant.

(3.) Shri N. R. Kanhe, Advocate with Mr. J. J. Agarwal Advocate appeared for the applicant. The respondent State is represented by Shri I S. Z. Deshbhratar, Asstt. Government Pleader.