- (1.) THIS revision petition is directed against the judgment dated 22.05.1996 of the appellate court of learned Additional Sessions Judge, Churu dismissing the appellant's Criminal Appeal No.8/95 � Vinod Kumar s/o Nand Kishore, by caste Agarwal, resident of Churu vs. State of Rajasthan, whereby the learned appellate court upheld the judgment dated 16.04.1994 passed by the learned trial court of Chief Judicial Magistrate, Churu in Criminal Case No.121/90 � State of Rajasthan vs. Pawan Kumar Sharma s/o Govindram and (2) Vinod Kumar s/o Nand Kishore Agarwal, whereby the learned trial court convicted the accused � appellant Vinod Kumar under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and sentenced him to six months R.I. and to pay a fine of Rs.1,000.00.
(2.) BRIEF facts of the case are that one Food Inspector Mr. T.D. Kalara took the samples of soft drink brand "Thums Up" from M/s. Pawan Kumar Vinod Kumar on 02.06.1989 at 02:00 p.m. which was run by accused Pawan Kumar Sharma at Railway Station, Churu. On analysis the soft drink in question by the authorised Forensic Science Laboratory, it was found that the soft drink brand "Thums Up" sold by the accused � petitioner Vinod Kumar, owner of the firm M/s. Pandreu Bala Co., was not up to the standard mark under the Act and some foreign substances were found in the samples so taken. The case was registered against the accused persons Pawan Kumar Sharma and Vinod Kumar under Section 7/16 of the Food Adulteration Act and upon denial of charges, the trial was held by the learned trial court and on the basis of evidence on record, the learned trial court found the accused person Vinod Kumar guilty of the offence alleged against him. The learned trial court, however, acquitted the Pawan Kumar Sharma from whose whose shop the said soft drinks were taken for analysis by the Food Inspector. The accused � petitioner Vinod Kumar was, thus, convicted and was awarded sentence for six months' R.I. and a fine of Rs.1,000.00 by the learned trial court of Chief Judicial Magistrate, Churu vide its judgment and order dated 16.04.1994.
(3.) BEING aggrieved by the judgment and sentence dated 16.04.1994, the accused � petitioner Vinod Kumar filed a regular criminal appeal No.8/1995 � Vinod Kumar s/o Nand Kishore Agarwal vs. State of Rajasthan before the learned Additional Sessions Judge, Churu. The learned appellate court vide its judgment dated 22.05.1996 dismissed the appeal of the accused � petitioner Vinod Kumar and upheld the conviction order imposed upon the accused Vinod Kumar.;