ISMAIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner, by this revision petition under Section 397/401 Cr.P.C., has assailed the impugned judgment dated 24.08.2004 passed by learned Additional Sessions Judge No.1, Chittorgarh (for short, 'learned appellate Court'), in criminal appeal no. 48/2003, whereby, the learned appellate Court has maintained the conviction and sentence awarded to the petitioner by the Additional Chief Judicial Magistrate No.2, Chittorgarh (learned trial Court) for offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act').

(2.) The facts, in brief, giving rise to this revision petition, are that the Food Inspector submitted a complaint before the learned trial Court against the petitioner under Section 7/16 of the Act with a specific allegation that petitioner is supplying milk to the consumers and on analysis, it was found that milk, supplied by him, is not satisfying the standards prescribed by the Public Health Laboratory. The learned trial Court framed charge against the petitioner for the aforesaid offence and the accused denied the charge.

(3.) The prosecution, in support of the complaint, examined six witnesses including complainant