NARAIN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the judgment dated 3.5.2001 passed by Addl. Sessions Judge No. 3, Kota in Cr. Appeal No. 21/2000, whereby he dismissed the appeal filed by the petitioner and affirmed the judgment dated 28.9.1999 passed by Addl. Chief Judicial Magistrate No.2, Kota in Criminal Case No. 266/1991, whereby he convicted the petitioner for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced him to undergo 6 months' RI with a fine of Rs.1000.00; in default of payment of fine, to further undergo 1 month's RI.

(2.) Brief facts of the case are that on 9.7.1989 at 12.50 pm Food Inspector, Kota Shri Karan Singh Solanki reached to the shop of the accused petitioner at Police Line, Kota. He purchased 600 gms. Chilli Powder for the purpose of test of adulteration. He took three samples from purchased Chilli Powder and one sample was deposited in the office of Public Analyst, Kota, while other two samples were deposited in the office of Local Health Authority, Kota. The Chilli Powder was found adulterated after receipt of the report of Public Analyst, so he filed a criminal complaint before the trial court.

(3.) The accused petitioner was summoned and the trial was commenced. The Food Inspector was examined before the court and cross-examined at the stage of pre-charge evidence. The trial court framed charges for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954. The accused petitioner refused to plead guilty and claimed to be tried. The learned trial court fixed the date for the evidence of prosecution witnesses. After taking the evidence for prosecution and examining the accused petitioner, the learned trial court vide judgment dated 28.9.1999 convicted the petitioner for the offence under Sec. 7/16 of Prevention of Food Adulteration Act and sentenced him, as indicated above. Against the said judgment of the trial court, the petitioner filed a criminal appeal, but the same was dismissed by the Addl. Sessions Judge No. 3, Kota vide judgment dated 3.5.2001.