Govind Mathur, J. - (1.) THIS revision petition as per provisions of Section 397 read with Section 401 Cr.P.C. is preferred to assail validity, correctness and propriety of the judgment dated 7.9.1994 passed by learned Additional Sessions Judge, Pali in Criminal Appeal No. 15/1994, affirming the judgment dated 5.2.1994 passed by learned Additional Chief Judicial Magistrate, Pali convicting the petitioner for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, 1954. The trial court after recording conviction as above, sentenced the petitioner for six months' rigorous imprisonment with a fine of Rs. 1000/ - and in default of payment of fine, further to undergo one month rigorous imprisonment.
(2.) WHILE challenging the judgments impugned, the contention of the learned Counsel for the petitioner is that the trial court failed to appreciate that the formalities referred under Section 13(2) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act of 1954' hereinafter) were not observed, inasmuch as, no timely action was taken by the competent officer for sending the report of chemical examiner. It is also stated that the offence alleged is said to be committed on 18.7.1984 whereas the petitioner received the report on 17.9.1984 i.e. quite a belated stage. Learned Counsel for the petitioner also pointed out that retention of the sample for petty long time, deteriorated condition of edible article and that gave a wrong finding relating to adulteration.
(3.) I have examined the orders impugned and also entire record of the case.;