Sanjay Karol, J. - (1.)Assailing the judgment dated 19.4.2003, passed by the learned Sub Divisional Judicial Magistrate, Nalagarh, District Solan, H.P., in Criminal Case No. 138/3 of 2001, titled as State of H.P. Vs. Ram Swaroop Aggarwal , as affirmed by the learned Addl. Sessions Judge, Solan, Distt. Solan, H.P., vide judgment dated 23.11.2005, passed in Criminal Appeal No. 19-NL/10 of 2003, titled as Ram Swaroop Aggarwal Vs. State of H.P. , the accused-petitioner has filed the present Revision Petition under the provisions of Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973.
(2.)It is the case of the prosecution that on 18.4.2001 Sh. S.C. Joshi (PW-1) who was posted as Food Inspector, District Solan, H.P. along with Sh. Mehar Chand (PW-3), who was posted as peon in the office of Chief Medical Officer, Solan went to the shop of M/s Desh Raj Mahavir Parsad at Baddi where rice, pulses, spices, sarson oil etc. was kept for sale for general public. PW-1 asked the accused to produce the licence issued under the provisions of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) for selling consumable goods. Since no licence was produced, he prepared panchnama (Ext. P-1) on which accused appended his signatures. Vide communication (Ext. P-2) he requested the Chief Medical Officer, Solan, District Solan to accord consent under the provisions of Sec. 20 of the Act for initiating proceedings. The consent was so accorded vide order dated 29.5.2001 (Ext. P-3), for initiating criminal proceedings before the Court of competent jurisdiction. Resultantly complaint was filed against the accused for having committed offense punishable under the provisions of the Act.
(3.)Notice of accusation was put to the accused for having committed an offence punishable under Sec. 16(1)(a)(iii) read with Sec. 7(iii) of the Act, to which he did not plead guilty and claimed trial.