KRISHAN KUMAR Vs. U.T. OF CHANDIGARH

JUDGEMENT

(1.) KRISHAN Kumar petitioner was tried, convicted and sentenced to R.I. for six months and to pay a fine of Rs. 1000/-, in default R.I. for three months under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act, by the learned Judicial Magistrate First Class, Chandigarh vide his order dated 15.7.1982. His conviction and sentence were upheld by the lower Appellant Court. The petitioner came up in revision to this Court. The same was admitted by S.S. Dewan, J. vide his order dated August 5, 1983.

(2.) THE charge framed against the petitioner by the trial Magistrate reads as under:-

(3.) IN view of the aforesaid infirmity in the case, the conviction of the petitioner cannot be sustained. Consequently, I allow this revision and set aside the conviction and sentence of the petitioner . Fine, if paid, would be refunded to the petitioner . Petition allowed.