SUKHARAM @ BHOLE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In Cr. case No. 201/81, the Chief Judicial Magistrate, Bharatpur, vide his judgment dated 26-11-82, convicted for the offence punishable under Sec. 7/16 of the Prevention of Food Adulteration Act (for short, the PFA Act) & sentenced to undergo 6 months R.I. with a fine of Rs. 3,000.00 (in default further 3 months R.I.), which came to be reduced to 6 months' R.I. with a fine of Rs. 1000.00 (in default further 3 months RI) only under judgment dated 18-3-87 of Addl. Sess, judge No. 1, Bharatpur, in cr. appeal No. 56/86 (115/82). Hence this revision petition.

(2.) Shri Praveen Balwada argued on behalf of the petitioner (accused) that in the case at hand, the provisions contained in Sec. 20 of the PFA Act have not been complied with in its true spirit, and therefore, this case is fully covered by the decision, of this Court in Babulal Vs. State (S.B. Cr. Rev. Petition No. 159/86 allowed on 12-2-1990) .

(3.) In the instant case, the sanction for launching prosecution of the petitioner, under Sec. 20 of the PFA Act was given under Ex. p. 8 which is being reproduced below:-