K.B. JAIN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 10.5.1989 passed by Judge, Special Court, Essential Commodities Act, Jaipur in cr. case no. 21986 whereby he convicted and sentenced the accused appellant as under

(2.) Briefly stated facts of the case are that on 6.9.1984 Sh.A.K.Bhardwaj (PW-5) Vegetable Inspector took samples of batch No.6,13,14 and 15 of vegetable product of Premier Vegetable Products Ltd., Jhotwara, Jaipur. He took 16 samples from the tins in all i.e. 4 samples from each batch weighting 115 gms in each tin of sample and they were covered with lid after shouldering. He sent the samples of vegetable oil to the Vegetable Directorate, Delhi. Sh.CP Verma, Research Chemist analysed the samples on 21.9.1984 and he did not find the sample of batch no.6 as per the prescribed standard. The free fatty acid was found 0.303 in the sample whereas the maximum standard limit for the free fatty acid is prescribed as 0.25 in vegetable products.

(3.) On 17.8.1984, a report was lodged at P.S. Jhotwara for offence under Section 37 of EC Act and investigation commenced. During the course of investigation, the police filed challan against the petitioner for the aforesaid offence before the court of learned trial court. After hearing the parties, the learned Magistrate framed charges against the petitioner for the aforesaid offence. The accused petitioner pleaded not guilty and claimed to be tried. The prosecution examined as many as 07 witnesses and got exhibited certain documents. Statement of petitioner under Section 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the petitioner vide judgment dated 10.5.1989.