MANIKANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the impugned judgment & order dated 8.5.2002 passed by learned Special Judge, SC/ST Cases, Kota in Cr. Appeal no. 9/1993 whereby he has upheld the judgment and order dated 16.6.1993 passed by learned Addl. Chief Judl. Magistrate, Special Court (Communal Riots), Kota in Cr. Case no. 211/1993 by which he has convicted and sentenced the petitioner for offence under Sec. 7/16 of Prevention of Food Adulteration Act to six months Rl with fine of Rs. 2000/- and in default of payment of fine to further two months rigorous imprisonment.

(2.) Briefly stated, facts of the case are that on 7.5.1981 one Laxmi Chand, Food Inspector reached at the shop of petitioner whereby he found that petitioner was selling Ghee. The Inspector took ghee weighing 450 gms and divided the same in three bottles and sealed the same. The samples were sent for necessary testing to the Public Health Laboratory, Kota from where a remark has been obtained that ghee does not confirm to the prescribed standards of purity and is adultered with Vanaspati. The charges was framed for offence under Sec. 7/16 of PF.A. Act, to which the petitioner denied the charges and claimed to be tried. The prosecution examined as many as 03 witnesses and got exhibited certain documents. Statement of the petitioner under Sec. 313 Cr.RC. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the petitioner as indicated above vide judgment dated 16.6.1993.

(3.) Against the said judgment dated 16.6.1993, the petitioner preferred an appeal before the Special Judge, SC/ST (POA) Cases, Kota who vide judgment and order dated 8.5.2002 upheld the judgment of trial court dated 16.6.1993.