DAMODAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal revision petition the accused Petitioner has challenged the judgment of conviction and sentence dated 29.8.2000 passed by learned Judge, Special Court (Communal Riots) Jaipur (for short 'the learned appellate Court') in criminal appeal No. 17/1998 whereby he confirmed the judgment of conviction and sentence dated 27.9.1994 passed by learned Chief Judicial Magistrate, Jaipur City, Jaipur (for short 'the learned trial Court') in criminal case No. 313/1984, whereby he convicted and sentenced the accused Petitioner for the offence under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to six months S.I. and a fine of Rs. 2,000/-. In default of payment of fine the accused Petitioner was directed to undergo three months' S.I.

(2.) Background facts in a nutshell are that on 28.10.1983 Shri Mahesh Chand Bhatacharya, Food Inspector took sample of Imarti Sweets for analysis which was said to have been sent for analysis through Public Analyst, Rajasthan, Jaipur, who submitted its report on 30.11.1983 which disclosed that the Rapseed Oil used for preparation of the sweets was adulterated. On 6.3.1984 the complaint was filed in the court and sanction is said to have been awarded vide Ex. P.7 by the Chief Medical & Health Officer. Thereafter, the complaint was filed on 21.11.1984.

(3.) The accused Petitioner was read over the charge in substance for the aforesaid offence. The accused Petitioner did not plead guilty and claimed to be tried.