RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this revision petition, a challenge is made to the order passed by the trial Court so as the Appellate Court maintaining conviction for an offence under the provisions of Prevention of Food Adulteration Act (for short "PFA Act"). The samples of milk taken are found to be substandard, thus order of conviction was passed. As per the report, contents of milk solid non fat were less than 0.5 percent and contents of milk fat were less than 0.2 percent. In view of above, the milk was said to be adulterated. Learned counsel for the petitioner submits that the prosecution failed to produce independent witnesses to prove the case, thus conviction of the petitioner for an offence under Sec. 7/16 of PFA Act deserves to be set aside.

(2.) IT is alternatively argued that even if conviction is maintained, the matter can be sent for commutation as per Section 433 of Cr.P.C. and for the aforesaid purpose, a reference of judgment of the Hon'ble Apex Court in the case of N. Sukumaran Nair vs. Food Inspector, Mavelikara reported in : (1997) 9 SCC 101 has been given wherein taking note of Section 433 of Cr.PC., the matter was referred to the appropriate government for commutation of sentence.

(3.) I have considered the submissions made by learned counsel for the parties and perused the record of the case.