CHHOGA LAL ALIASCHHOGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRI Chhogalal alias Ghhoga was tried and found guilty for an offence u/s 7/17 of the Prevention of Food Adulteration Act (hereinafter called 'the Act') by the learned Munsif & Judl. Magistrate, First Class, Gangapur, district Bhilwara, and war sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for six months. Aggrieved, he filed an appeal before the learned Sessions Judge, Bhilwara, and the same was transferred to the learned Addl. Sessions Judge, Bhilwara. Learned Addl Sessions Judge, up-held the conviction of Chhoga for the aforesaid offence and reduced the term of sentence awarded to him by the learned trial Magistrate to six months' of rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo three months' rigorous imprisonment. Aggrieved, Chhoga alias Chhogalal has come in revision to this Court.

(2.) LEARNED counsel for the petitioner submits that in this case the complaint had been signed by Prakash Chandra Singh, Food Inspector, Gangapur, but it had been presented in the Court of the learned trial Magistrate by Shri Devi Lal, Assistant Public Prosecutor. It was Prakash Chandra Singh, who had been authorised by the District Magistrate, Bhilwara, to launch prosecution against the revision petitioner as would appear from Ex. P/7. However, in this case, the complaint was lodged by the Assistant Public Prosecutor and the prosecution was conducted by the Assistant Public Prosecutor, who was not authorised to lodge the complaint and conduct the prosecution and on this short ground, the conviction and sentence passed against the revision petitioner should be set aside.

(3.) IN view of the aforesaid discussion, this revision petition is accepted and the judgment of the leamed Addl. Sessions Judge, Bhilwara, dated 28. 11. 80 and the judgment of the learned Munsif & Judl. Magistrate, First Class; Ganga-pur (Bhilwara) dated 9. 3. 79 are set aside and the revision petitioner Chhogalal @ Chhoga is acquitted of the offence u/s 7 read with s. 16 of the Prevention of Food Adulteration Act, 1954. The bail bonds of the petitioner are cancelled and he need not surrender. .