KALA RAM S/O CHENA RAM BY CASTE PATEL, RESIDENT OF BABU RAJENDRA MARG, MASURIA, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of present revision petition under Sec. 397 Crimial P.C. has assailed the impugned judgment dated 06.11.1996 passed by learned Additional Special Judge, SC/ST (Prevention of Attrocities) Cases, Jodhpur (for short, 'learned appellate Court'), in criminal appeal no. 29/1996, whereby, the learned appellate Court has maintained the conviction and sentence awarded to the petitioner vide judgment dated 01.02.1996 by the Chief Judicial Magistrate, Jodhpur (learned trial Court) for offence under Sec. 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 on 23.05.88 the Food Inspector took sample of milk being sold by the petitioner at Veer Mohalla, Jodhpur by purchasing milk for a sum of Rs. 4/-. The Food Inspector took sample in three separate bottles and sent the samples to the Public Analyst at Jodhpur and Local Health Authority. Upon receiving the report of milk being adulterated, sanction was obtained from the competent authority, and challan was filed before the learned trial court for offence punishable under Sec. 7/16 of Food Adulteration Act. The learned trial Court framed charge against the petitioner for the aforesaid offence and the accused denied the charge and claimed trial.

(3.) After conclusion of the prosecution evidence, statements of the accused under Sec. 313 Crimial P.C. were recorded. In defence, the accused examined three witnesses including himself. The learned trial Court, thereafter, heard final arguments and by its judgment dated 01.02.1996, convicted the accused-petitioner for offence under Sec. 7/16 of the Act and passed the sentence of one year's simple imprisonment with fine of Rs.2000.00. In default of payment of fine, the Court ordered that petitioner shall undergo three month's simple imprisonment.