UDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the appellate judgment dated 6-8-98 passed by the learned Addl. Sessions Judge, Pali, whereby he upheld the conviction of the petitioner under S. 16 (1) and S. 16 (1-A) of the Prevention of Food Adulteration Act, 1954 and sentences of six months' R. 1 and a fine Rs. 1,000 under the first count, and three months' R. I. and a fine of Rs. 500 under the second count.

(2.) The facts are that Hari Prakash, Food Inspector had inspected the shop of the petitioner, run under the name and style of Manohar Restaurant. The petitioner used to sell sweets, tea and milk. The Food Inspector asked the petitioner to produce the license which he did not. Thereafter, the Food Inspector gave notice to the petitioner for purchase of 11/2 Kgs. 'Laddu' for analysis. He purchased 'Laddu' for Rs. 18, divided them in three parts, and put them in the three bottles. After sealing the bottles, he sent one bottle to the Forensic Science Laboratory, Jodhpur from where it was opined that the sample was adulterated. After obtaining the consent of the Authority u/S. 20 of the Act, the Food Inspector filed complaint against the petitioner in the Court of Chief Judicial Magistrate. The prosecution examined PW 1 Hari Prakash, PW 2 Mangilal and PW 3 Dhokal Singh. Accused-petitioner denied the accusation. He examined DW 1 Om Prakash and DW 2 Mirchoo Mal. After hearing the learned counsel for the parties, the learned Magistrate held the charges proved. He, therefore, convicted him. The appeal taken by the petitioner before the Sessions Judge and heard by the learned Addl. Sessions Judge proved abortive.

(3.) The contention of Mr. Rathore was three- fold;