STATE OF RAJASTHAN Vs. NARAIN SINGH AND ANR.

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Cr.P.C. challenging the Judgment 26.4.1995 passed by learned Civil Judge (Sr. Division) & Addl. Chief Judicial Magistrate, Chhabra Baran (for short 'the learned trial Court') in criminal case No. 655/1993, whereby he released the accused respondents by giving them 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 accused respondents were found to be selling of adulterated sweet and 'Namkeen' which was having in their possession. Upon this Food Inspector after making payment purchased the same. After following the due procedure a compliant was filed u/s. 7/16 of the Food Adulteration Act.

(2.) The accused respondents were read over the charge for the aforesaid offence. The accused respondents pleaded guilty. Upon this the prosecution closed the evidence.

(3.) Thereafter the statements of the accused -respondents under Sec. 313 Cr.P.C. were recorded in which they stated that it is their first offence, therefore, they should be pardoned.