GENDALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) A complaint for an offence under section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') was filed in the Court of Addi. Chief Judicial Magistrate, Jabalpur, which was registered as Case No. 1446/81. The Addl. Chief Judicial Magistrate tried it summarily. Second Addl. Sessions Judge, Jabalpur, by the judgment dated 29-8-1983 upheld the petitioner's conviction but reduced the sentence to three months R.l. and fine of Rs. 500.00 (Rs. Five hundred), in default R.I. for one month.

(2.) It was not disputed that the Addl. Chief Judicial Magistrate could try the case summarily. The contention of the learned counsel for the petitioner was that particulars of the offence as read out to the petitioner were vague and the answer of the petitioner, which has been taken as a plea of guilty is in fact not so.

(3.) The objection that learned counsel for the petitioner raised is that in the substance of accusations the word -