JAGDISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of present revision petition under Section 397/401 Cr.P.C. has assailed the impugned judgment dated 27.01.1996 passed by learned Additional Sessions Judge No.1, Jodhpur (for short, 'learned appellate Court'), in criminal appeal no. 10/1995, whereby, the learned appellate Court has maintained the conviction and sentence awarded to the petitioner by the Chief Judicial Magistrate, Jodhpur (learned trial Court) for offence under Section 7/16 of the Prevention of Food Adulteration Act,1954 (for short, 'the Act').

(2.) Brief facts, giving rise to this revision petition, are that the Food Inspector took sample of coriander from the shop of the petitioner. The Food Inspector sent the sample to the Public Analyst at Jodhpur which was not found to be conforming to standard of purity. Upon obtaining sanction from the competent authority, a challan was filed before the learned trial court for offence punishable under Section 7/16 of Food Adulteration Act against the petitioner and his father Vishandas. 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 the food inspector.