GANPAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is preferred to question validity, correctness and propriety of the judgment and order dated 4.9.1996 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Case -cum- Additional Sessions Judge, Pratapgarh affirming the judgment and order dated 20.12.1991 passed by the learned Additional Chief Judicial Magistrate, Pratapgarh convicting the petitioner for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act of 1954' hereinafter) and sentenced to undergo six months' simple imprisonment with a fine of Rs.1000.00 and in default of payment of fine to further undergo six months' simple imprisonment.

(2.) THE factual matrix necessary to be noticed is that on 27.5.1987 at about 7.00 a.m. a sample of curd was taken from a pot available with the petitioner by the then Food Inspector Shri Brij Mohan. The sample so taken was sent for its examination to Public Analyst. The Public Analyst in his report dated 2.8.1988 found the sample of curd adulterated with undefined nature. A complaint, thus, was filed before the court of learned Additional Chief Judicial Magistrate, Pratapgarh. During the course of trial, the court recorded the prosecution evidence and provided opportunity to the petitioner to explain the circumstances adverse to him in prosecution evidence. After considering the entire material available, the trial court held the petitioner guilty for commission of an offence under Section 7/16 of the Act of 1954 and sentenced him accordingly. The conviction was affirmed by the appellate court and sentence awarded too was maintained.

(3.) THE revision petition, thus, deserves acceptance. Accordingly, the same is allowed. The judgment and order dated 20.12.1991 passed by the learned Additional Chief Judicial Magistrate, Pratapgarh and judgment and order dated 4.9.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act) Case -cum- Additional Sessions Judge, Pratapgarh are hereby quashed. The petitioner is acquitted from the charge of committing offence punishable under Section 7/16 of the Act of 1954. The bail bonds and sureties furnished by the petitioner stands discharged.