STATE OF RAJASTHAN Vs. JAGANNATH

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Cr.P.C. challenging the Judgment 7.9.1995 passed by learned Civil Judge (Sr. Division) & Addl. Chief Judicial Magistrate, Chhabra (for short 'the learned trial Court') in criminal case No. 631/1993, whereby he released the accused respondent by giving benefit of Sec. 4 of the Probation of Offenders Act, 1958 (for short 'the Act of 1958') for the offence under Sec. 7/16 of the Food Adulteration Act, 1954 (for short 'the Act of 1954'). Background facts in a nutshell are that on 23.12.1987 at about 4:00 PM during checking Food Inspector recovered found to be selling the accused respondent 'vegetable', chapati and 'Sweets of Mawa'. Upon this Food Inspector made a phard of site. Sample was sent to Public Health Laboratory, Kota and Chief Medical Officer, Kota for chemical examination. After following the due procedure complaint was filed u/S. 7/16 of the Food Adulteration Act.

(2.) Charge was framed against the accused respondent for the aforesaid offence and after framing the same, it was read over and explained to the accused respondent. The accused respondent pleaded guilty. Upon this the prosecution closed the evidence.

(3.) On the point of sentence, accused, accused counsel as also Assistant Public Prosecutor was heard. Learned counsel for the accused respondent submitted before the learned trial Court that it is his first offence, therefore, he should be pardoned.