UJJAWAL KUMAR MAHATHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajiv Lochan, learned counsel appearing for the petitioner and Mr. A.K. Pandey, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 03.05.2002 passed in Criminal Appeal No. 99 of 1996 by the learned 2nd Additional Sessions Judge, Bokaro, whereby and where under the judgment and order of conviction and sentence dated 06.08.1996 passed by the learned S.D.J.M., Bokaro at Chas in P.F.A. Case No. 35 of 1990 (T.R. No. 496 of 1996) by which the petitioner was convicted for the offences punishable under Section 16(i)(a)(ii) of the Prevention of Food Adulteration Act, 1954 and was sentenced to undergo S.I. for six months has been affirmed.

(3.) It appears that on 09.11.1989 the Food Grains Shop of the petitioner was raided by the Food Inspector and it was detected that the same was being run without having any valid license. It is also alleged that on demand the petitioner had produced a license which was valid till 31st March, 1988. Since no reasons were assigned by the petitioner for not renewing his license after sanction was obtained by the Food Inspector prosecution report was submitted against the petitioner for the offence under Section 16(i)(a)(ii) of the Prevention of Food Adulteration Act, 1954. Based on the prosecution report cognizance was taken and after charge was framed trial proceeded. In course of trial since the prosecution had been able to prove its case beyond all reasonable doubts the petitioner was convicted for the offences punishable under Section 16(i)(a)(ii) of the Prevention of Food Adulteration Act, 1954 in P.F.A. Case No. 35 of 1990 (T.R. No. 496 of 1996) by the learned S.D.J.M., Bokaro at Chas and he was sentenced to undergo S.I. for six months.