RAJ PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this case P.W. 2 Devi Singh, Food Inspector purchased the sample of Ice-candy from the petitioner on 9-6-78 at his business premises known as Raj Dalip Ice-candy Factory, Karauli Distt. Sawai Madhopur. On analysis, the Public Analyst reported that the sample was adulterated by reason of absence of can (Sic) (Candy) sugar and presence of prohibited artificial sweetener "saccharine" in it. On trial, the learned Chief Judicial Magistrate, Sawai Madhopur held the petitioner guilty of offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (the Act), convicted him as such and sentenced him to six months R.I. and Rs. 1,000/- fine. The order of conviction and sentence of the petitioner having been confirmed in appeal by the learned Addl. Sessions Judge, Karauli, the petitioner has approached this Court by way of this revision petition under S. 397, Cr. P.C. Despite notifying the date of hearing of the petition on 19-11-96 to the counsel for the petitioner, none appeared. The petition and the impugned orders were examined in the light of the material on the records of the Courts below with the help of the Asstt. Public Prosecutor.

(2.) In this petition, the petitioner has challenged the judgment and orders of the two Courts below on the following grounds, viz.:

(3.) On examination of the objections raised with reference to the material on records of the Courts below in the light of the relevant provisions in the Act and the rules framed thereunder and the law applicable thereto I find no force in any of them for the following reasons :