VIJAY GUPTA Vs. STATE OF M. P.

JUDGEMENT

(1.) The present revision petition under Sec. 397 and 401 of Cr.P.C. is preferred by the petitioner against the judgment of conviction and order of sentence dtd. 29/8/2022 passed by the Ist Additional Sessions Judge, Datia in Criminal Appeal No.62/2017 confirming the judgment of conviction passed by learned Judicial Magistrate First Class, Datia in Criminal Case No.732/2009 whereby petitioner has been convicted as under:

(2.) Precisely stated facts of the case are that in a surprise visit, on 13-01- 2009 at around 4:30 pm, Food Inspector inspected edible product (pure Ghee) of Gopal Kirana Store, Badoni District Datia and present petitioner found at the said firm. In presence of witnesses and after observing all the formalities, samples were collected. Thereafter sealed. Out of them, one sample was sent for examination to the State Food Laboratory, Bhopal. Thereafter, on receiving the report, complaint was preferred under the provisions of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") before the competent Court of law.

(3.) Before the trial Court -Judicial Magistrate First Class, Datia, petitioner abjured his guilt and prayed for trial. Prosecution examined its witnesses in support of its case. After recording of evidence ocular as well as documentary and hearing the submission of counsel for the parties, trial Court convicted and sentenced the petitioner as referred above.