ANNANT BABI RAHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and the learned APP for the State.

(2.) By this revision application, the applicant challenges the judgment and order dated 4th October, 1999 passed by the Additional Sessions Judge, ratnagiri, in Criminal Appeal No. 2 of 1998 confirming the decision dated 3rd January, 1998 of the Judicial Magistrate, First Class, deorukh, in Criminal Case no. 97 of 1995 convicting the applicant of the offence punishable under section 7 (i) read with section 18 of the Prevention of Food Adulteration Act, 1954 (for short "the Act") and sentencing him to suffer S. I. for 6 months and to pay fine of rs. 5,000/- and in default to suffer further S. I. for six months.

(3.) Upon considering the evidence adduced before him, the learned magistrate came to the conclusion that the chana-dal stocked and sold by the applicant was not as per the standard prescribed under the Rules and was therefore adulterated within the meaning of section 2 (ia) of the Act read with rule 5 of the Rules. In this view of the matter, the learned Magistrate convicted the applicant and sentenced him to suffer simple imprisonment (S. I.) for six months and to pay fine of Rs. 5,000/- and in default further S. I. of six months.