STATE OF RAJASTHAN Vs. VISHNUDUTT

JUDGEMENT

(1.) The instant Criminal Appeal has been filed by the State under Sec. 378 of the Crimial P.C. against the Judgment dated 12.12.1991 passed in Criminal Appeal No. 73/87 by the Sessions Judge, Jalore.

(2.) Brief facts of the case are that a criminal case was registered against the respondent under Sec. 7/16 of the Food Adulteration Act upon the complaint filed by the Food Inspector Ambalal Mathur on 14.12.1984. The learned Civil Judge-cum-Judicial Magistrate, Jalore in Criminal Case No. 180/184 convicted the respondent for offence under Sec. 7/16 of the Food Adulteration Act and passed the sentence for imprisonment of 6 months with fine of Rs.Rs.1,000.00 and in default of payment of fine to further undergo 3 months imprisonment.

(3.) As per the allegation against the respondent in a search made by the Food Inspector Nanak Singh (PW-1) on 19.7.1984 at about 1.00 P.M. near bus stand the respondent was selling sweet toffees, biscuits and other material in his shop and upon apprehension IK Kg. of high boiled sugar concessionary (Mithi Goliya) was purchased by the Food Inspector upon payment of Rs.Rs.10.50 paisa and obtained receipt Ex. P-2 and Bill Ex. P-3 was also taken by the Food Inspector Nanak Singh. As per the prosecution case, the purchased material was sent to the Public Animalist, Jodhpur for test and as per the report of testing the same were found to be adulterated. The Food Inspector sent all the documents to the Local Health Authority on 20.9.1984 and after considering those documents a sanction for prosecution was granted vide Ex, P-9 against the respondent.