TILAK RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner by way of present revision petition under Section 397 read with Section 401 Cr.P.C. has assailed the impugned judgment passed by learned Additional Sessions Judge, Shimla, Camp at Rohru dated 16.1.2008 in Criminal Appeal No. 3-R/10 of 2005 whereby he dismissed the appeal filed by the petitioner and upheld the order of conviction and sentence as passed by learned trial Magistrate in Cr. Case No.69-3 of 2004 on 7.12.2004 convicting the petitioner under Section 16 (1)(a) (ii) of the Prevention of Food Adulteration Act, 1954 (for short 'Act') to undergo simple imprisonment for three months and to pay a fine of Rs. 500/- and in default thereof to undergo simple imprisonment for one month.

(2.) Brief facts giving rise to the present petition are that on 22.4.2004 at about 1.45 P.M. Food Inspector, L.D. Thakur, inspected the premises M/s Sharma Sweep Shop, Rohru and found the accused/petitioner conducting the business of the sweet shop and asked the accused/petitioner to produce P.F.A. licence for sale of food articles as required under Rule 50 of the P.F.A. Rules, 1955 (for short Rules), but the accused failed to produce the same. The sanction was obtained from the competent authority and challan was filed before the learned trial Court for offence punishable under Section 16 (1) (a) (ii) of the Act read with Section 7 (iii) of the Act.

(3.) The learned trial Court after framing the charge, recording the prosecution evidence and statement of accused under Section 313 Cr.P.C., convicted the accused in the aforesaid manner.