LAWS(BOM)-2014-4-80

KANTILAL Vs. STATE OF MAHARASHTRA

Decided On April 25, 2014
KANTILAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Criminal revision Application has been filed by applicant- original accused (hereinafter referred to as the accused), who was convicted in R.C.C. No.127/1998 on 6.11.2008 by Judicial Magistrate, First Class, Shindkheda and sentenced to suffer R.I. for 6 months and to pay fine of Rs.3000/- and in default, to undergo further S.I. for 1 month for offence punishable under Section 7 read with 16 of the Prevention of Food Adulteration Act, 1954 (the Act for short) and his Criminal Appeal no.132/2008 to Additional Sessions Judge, Dhule has been dismissed on 8.10.2010.

(2.) Facts of the prosecution case in brief are as under :

(3.) The complainant led evidence before charge and thereafter charge came to be framed against the accused under Section 7(i) read with (1a)(a) and Section 2(ia)(m) and Section 7(v) of the Act read with Rule 50 read with Rule 5 of the Maharashtra Prevention of Food Adulteration Rules, 1962 (Maharashtra Rules in short), punishable under Section 16 of the Act. The accused pleaded not guilty and was tried. The complainant brought on record further evidence and after completion of the trial, the accused came to be convicted as above and his appeal has been dismissed as mentioned.