SUBHASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Additional Sessions Judge, Jhalawar dated 9th May, 1991. The accused petitioner was convicted for the offence under Section 7(16) (1) C of the Prevention of Food Adulteration Act, 1954 (for short, the Act) by Chief Judicial Magistrate, Jhalawar and sentenced to six months RI and a fine of Rs. 1,000.00. The learned Additional Sessions Judge by its impugned order confirmed the conviction and sentenced passed and rejected the appeal of the accused petitioner.

(2.) In short, the facts of the case are that on 24.12.83, when Food Inspector wanted to take sample of groundnut oil from the accused, he refused to give sample, refused to accept the Form No. (vi) and closed the shop. Therefore, a complaint was filed in the court after obtaining sanction for prosecution from the competent authority.

(3.) The learned Chief Judicial Magistrate ordered summary trial of the case, and after recording the evidence of complainant, statement of accused under Sec. 313 Cr.RC. and the statement of defence witnesses, held that the case has been proved against the accused, therefore, convicted and sentenced him as stated earlier. His appeal was also dismissed.