NANAKRAM GOVARDHANDAS CHANDKAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present revision is against the judgment of conviction dated 05.08.2003 for the offence punishable under Sections 7(i) read with Sec. 2(ia)(a), Sec. 16(1)(a)(ii), 17, 7(i) and Sec. 2(ia) (f) of the Prevention of Food Adulteration Act, 1954 passed by the learned Judicial Magistrate, First Class, Malkapur in Regular Criminal Case No. 149 of 1996. The appeal bearing Criminal Appeal No. 33 of 2012 filed against the said judgment came to be dismissed vide judgment dated 09.07.2012 passed by the learned Additional Sessions Judge, Malkapur.

(2.) The case of the prosecution against the applicants/accused, in short, is that, on 06.10.1995 at about 01:30 p.m., complainant/ Food Inspector visited the shop of applicants (hereinafter referred as accused) and taken the sample of "Rava" from 50 kgs bag. The said sample was sent for analysis on 07.10.1995. It was examined by the Analyst on 15.11.1995. It was found during the analysis that the sample was having dead grubs and the same was unfit for human consumption.

(3.) On the basis of evidence adduced by the complainant and report of Chemical Analyzer, Pune, learned trial Court convicted the accused for the offence as stated above.