NIRMALKUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition arises out of the judgment dt. 4-3-1983, passed by the 1st Addl. Sessions Judge, Dhar, in Criminal Appeal No. 82 of 1982, thereby upholding the petitioner's conviction and sentence as recorded against them by the Judicial Magistrate, 1st Class, Bannawar, vide judgment dt. 22-7-82, in Criminal Case No. 221 of 1981.

(2.) The petitioners were prosecuted for the alleged offences punishable under S.16(1)(a)(i) and S.16(1)(a)(ii) of the Prevention of Food Adulteration Act (for Short, the Act). On 16-12-1980 the Food Inspector Babulal (P.W. 1), by about 1.20 in the afternoon, inspected the premises of Jain Tea Stall belonging to the petitioner 1 Nirmal Kumar. It was found that the articles of food stored for sale were not covered at all. It was also alleged that the vessel containing the milk was not coated with zinc-kalai, licence was not exhibited in the hotel and the cooking media was also not indicated.

(3.) During the course of investigation 660 Ml. milk was purchased by the Food Inspector Babulal from petitioner 2 Anilkumar, who was present at the time of inspection. The milk sample was sent for analysis and was found to be adulterated by the Public Analyst. On these facts the petitioners were prosecuted in the Court of Judicial Magistrate, 1st Class, Badnawar, who found them guilty of the aforesaid offences and convicted and sentenced them to undergo six months rigorous imprisonment and a fine of Rs.1000/- or in default to suffer imprisonment for two months. The petitioners have further been sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 100/- or in default to undergo further imprisonment for a term of 15 days, for contravention of R.49(2) and (3) and R.50(1) and (2) of the Prevention of Food Adulteration Rules (for short, the Rules). An appeal preferred by the petitioners met with dismissal. Hence the present revision.