MAHESH KUMAR AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S .B. Cr. Revision Petition against the Order dated 30.10.1999 passed by the Special Judge, (Communal riots/Man Singh Hatyakand), Jaipur in Cr. Appeal No. 95/99 whereby he confirmed the judgment dated 8.3.95 passed by Chief Judicial Magistrate, Jaipur in Criminal Case No. 799/88 by which the petitioner has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and has been sentenced to 1 year's simple imprisonment and fine of Rs. 5000/-, in default of payment of fine to undergo 3 months simple imprisonment.

(2.) THE brief facts of the case in nutshell are that the petitioner was tried for an offence under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") 1954 on the ground that, on 23.4.88, one Sh K.C. Verma P.W.1 the Food Inspector has taken a sample of Dhaniya which was found to be adulterated. The Chief Judicial Magistrate, Jaipur convicted the petitioner as aforesaid vide his order dated 8.3.1995, against which, he filed an appeal before the Special Judge, (Communal riots/Man Singh Hatyakand), Jaipur who vide his order dated 30.10.99 confirmed the order passed by the Chief Judicial Magistrate. Feeling aggrieved by the aforesaid judgment and orders passed by both the court below, the petitioner prefers the present revision petition before this Court.

(3.) MR . B.N. Sandhu Public Prosecutor has opposed the arguments advanced by the counsel for the petitioner.