MADAN LAL WADHWA 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 31.10.1998 passed by learned Additional Sessions Judge No.1, Sri Ganganagar (hereinafter "the Appellate Court") in criminal Appeal No.35/1998 whereby the learned appellate Court has dismissed by the petitioner's appeal and upheld the judgment dated 02.01.1998, passed by the Additional Chief Judicial Magistrate, Sri Ganganagar (for short "the trial court") in Cr. Original Case No.220/1993 whereby the trial court convicted the accused-petitioner for offence under Section 7/16 (1)(A)(i) of the Prevention of Food Adulteration Act, 1954 (for short, 'the PFA Act') and sentenced him to undergo one year's rigorous imprisonment alongwith a fine of Rs. 2000/- and in default thereof to undergone three months' rigorous imprisonment.

(2.) Brief facts, giving rise to this revision petition are that on 10.09.1992, Food Inspector one Ram Gopal inspected the shop of the petitioner and took sample of 'Haldi' in three separate bottles and sent the samples to the Public Analyst at Sri Ganganagar. Upon receiving the report, 'Haldi' was found to be adulterated. Sanction was obtained from the competent authority and challan was filed before the learned trial court for offence punishable under Section 7/16 of PFA Act. The learned trial Court framed charge against the petitioner for the aforesaid offence and the accused denied the charge and claimed trial.

(3.) Being aggrieved by the judgment of the learned trial Court, accused-petitioner approached the learned appellate Court but the appellate Court dismissed the appeal vide its judgment dated 31.10.1998.