MAHESH AGARWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner was convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.1000/- and in default of fine, 30 days simple imprisonment vide judgment and order dated 29.4.2003 passed by the learned Chief Judicial Magistrate, Golaghat in CR Case No.1 of 2002 which was upheld in appeal by the learned Sessions Judge, Golaghat vide his judgment and order dated 15.11.2003 in criminal appeal No.24 of 2003. Being aggrieved by the aforesaid judgment and orders rendered by the learned courts below, the present convict/petitioner has approached this Court by filing this revision petition.

(2.) I have heard Mr. K. Agarwal, learned counsel for the convict/petitioner and also Mr. K. Munir, learned Addl. Public Prosecutor, Assam for the opposite party. I have also gone through the records as made available at the time of hearing.

(3.) I have gone through the order passed by the Apex Court in Rameshwar Dayal's case (supra) which runs as under: