ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition under Sec. 397/401 of Cr.P.C., challenge has been made to the judgment dtd. 21/3/2003 passed by the learned Additional Sessions Judge, Sangaria in Criminal Appeal No. 2/2002 (30/A/97), whereby the learned Appellate Court affirmed the judgment dtd. 5/8/1997 passed by the learned Additional Chief Judicial Magistrate, Sangaria in Criminal Case No. 325/1992 convicting the petitioner for the offence under Sec. 7/16 of Prevention of Food Adulteration Act and sentencing him to undergo one year's rigorous imprisonment alongwith a fine of Rs.1000.00 and in default of payment of fine, to further undergo one month's R.I.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 22/7/1989 Food Inspector Chiranjilal took samples of red chili powder from the shop of the petitioner. After following due procedure, the samples were sent for examination and the same were found to be adulterated.

(3.) The Learned Magistrate framed the charge against the petitioner for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offence, examined the witnesses and exhibited various documents. The accused, upon being confronted with the prosecution allegations, in his statement under Sec. 313 Cr.P.C., denied the allegations and claimed to be innocent. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned Trial Court convicted and sentenced the petitioner for the offence under Sec. 7/16 of Prevention of Food Adulteration Act vide judgment dtd. 5/8/1997. Aggrieved by the judgment of conviction, he preferred an appeal, which was dismissed by the learned Appellate Court vide judgment dtd. 21/3/2003. Hence, this revision petition is filed before this Court.