STATE OF RAJASTHAN Vs. JAGDISH PD. GUPTA

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Crimial P.C. challenging the judgment 31.3.1995 passed by learned Civil Judge (Sr. Division) and Additional Chief Judicial Magistrate, Chhabra Baran (for short 'the learned trial Court') in Criminal Case No. 827/1989, 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').

(2.) Background facts in a nutshell are that accused respondent was selling adulterated food and he tried to stop the Food Inspector Mr. Kalicharan to take sample of food and disturbed the Food Inspector in his duty, lie has no licence of selling food. The accused respondent accepted his offence. After following a due procedure a complaint was filed under Sec. 7/16 of the Food Adulteration Act.

(3.) 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.