HIRA LAL S/O HARKA RAM R/O DIDWANA, NAYAKON KA BAS, KUCHAMAN CITY, DISTRICT NAGAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of present revision petition under Sec. 397/401 Crimial P.C. has assailed the impugned judgment dated 11.09.1997 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta (for short, 'learned appellate Court'), in criminal appeal no. 18/1996, whereby, the learned appellate Court has dismissed the appeal filed by the petitioner and maintained the conviction and sentence awarded to the petitioner by the Additional Chief Judicial Magistrate, Parbatsar (learned trial Court) vide judgment dated 31.05.1994 for offence under Sec. 7/16 (1)(a)(i) of the Prevention of Food Adulteration Act,1954 (for short, 'the Act') and sentenced the petitioner to undergo six months rigorous imprisonment along with fine of Rs. 1000.00 and in default to undergone three month's simple imprisonment.

(2.) Brief facts, giving rise to this revision petition are that on 21.04.88, the Food Inspector inspected the Ice factory owned by the petitioner and took sample of ice candies manufactured in the petitioner's factory in the sample bottles. Upon sending the sample to the Public Analyst, although the sample was found to be substandard. Accordingly, upon obtaining sanction from the competent authority, a challan was filed before the learned trial court for offence punishable under Sec. 7/16 (1)(a) of Food Adulteration Act. The learned trial Court framed charge against the petitioner for the aforesaid offence. The accused denied the charges and claimed trial.

(3.) After conclusion of the prosecution evidence, statements of the accused under Sec. 313 Crimial P.C. were recorded. The learned trial Court, thereafter, heard final arguments and by its judgment dated 31.05.1994, convicted the accused-petitioner for offence under Sec. 7/16 (1)(a)(i) of the Act and passed the sentence of six months' simple imprisonment with fine of Rs.1000.00. In default of payment of fine, the Court ordered that petitioner shall undergo three month's simple imprisonment.