CHAITAN PURI 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. 31/5/2008 passed by the learned Sessions Judge, Churu in Criminal Appeal No. 19/2004 (15/2004), whereby the learned Appellate Court affirmed the judgment dtd. 18/3/2004 passed by the learned Chief Judicial Magistrate, Churu in Original Criminal Case No. 590/2001 convicting the petitioner for the offence under Sec. 7/16 of Prevention of Food Adulteration Act and sentencing him to undergo six months' simple imprisonment alongwith a fine of Rs.1000.00 and in default of payment of fine, to further undergo one month's Addl. S.I.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 8/11/2000 at about 6.00 PM, during inspection, the accused-petitioner was found selling milk on the motorcycle at Bus Stand, Sardar Shahar without any license. Upon a suspicion, 750 ml milk was purchased and upon examination, the same was found to be adulterated. Upon which, a complaint was presented against the petitioner.

(3.) The Learned Magistrate framed the charge against the petitioner for the offence under Sec. 7/16 of PFA 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 PFA Act vide judgment dtd. 18/3/2004. Aggrieved by the judgment of conviction, he preferred an appeal, which was dismissed by the learned Appellate Court vide judgment dtd. 31/5/2008. Hence, this revision petition is filed before this Court.