POTTA BUTCHI VENKATA RAJU Vs. STATE

JUDGEMENT

(1.) The sole accused in S.T.C. No. 3 of 2002 on the file of the Judicial Magistrate of First Class, Salur, Vizianagaram District was found guilty by the said court by its judgment dated 28-2-2004 for the offence under Section 16(1)(a)(ii) r/w Section 7(i)(v) and Section 2(ia)(b)(f) of Prevention of Food Adulteration Act, 1954 ('for short the Act') read with Rules 23, 29 and 50 of the Rules framed thereunder and were accordingly convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for a further period of two months.

(2.) Aggrieved by the said impugned judgment of conviction, the accused preferred Criminal Appeal No. 49 of 2004 on the file of the Court of the learned II Additional Sessions Judge (F.T.C.), Parvathipuram. However, the said first appellate Court after hearing both sides and after considering the material available on record dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved by the same, the present revision has been preferred by the revision Petitioner-accused.

(3.) The facts of the case in brief are: