- (1.) This Cr. Revision Petition has been filed under Section 397 read with Section 401 Cr.P.C., by the petitioner against the judgment dated 24.8.2004 passed by learned Additional Sessions Judge, No. 2, Bundi, in Criminal Appeal No. 134/1998, whereby he confirmed the judgment dated 2.9.1998 passed by learned Chief Judicial Magistrate, Bundi, in Cr. Case No. 198/1981 whereby the accused petitioner has been convicted and sentenced as under:-- "u/S. 7/16 of Prevention of Food Adulteration Act, 1954 six month simple imprisonment and fine of Rs. 1,000/-, in default of payment of fine, one month additional imprisonment." Brief facts of the case are as under:-- "A complaint was filed by Food Inspector, Bundi, u/S. 7/16 of the Act, in the Court of learned CJM, Bundi, stating therein that the complainant found the accused petitioner selling milk on 10.9.1981 at 9.30 a.m. on making inquiry the petitioner told the milk to be of cow. On which, the Inspector gave a notice (Ex. P. 3) to the petitioner and purchased 660 mgs milk and paid the amount of milk through a receipt (Ex. P.4). The sample was taken and the same was sent for Public Analyzer, Kota. The Public Analyzer found the milk having 3.3 fat and solid non fat 6.52 in the milk and also reported that 23% water mixed in the milk. On which, the local Medical Officer, issued prosecution sanction on 25.9.1981 for prosecution of the accused petitioner. Thus, the accused petitioner has committed offence u/S. 7/16 of the P.F.A. Act."
(2.) The trial Court after hearing the arguments, framed the charges against the accused petitioner. The accused denied the charge and claimed to be tried.
(3.) During the course of trial, the prosecution examined two witnesses and exhibited certain documents in support of its case. After completion of prosecution evidence, the accused was examined u/S. 313 Cr. P.C., in which he denied the prosecution case. The trial Court after hearing the arguments, convicted and sentenced the accused as aforesaid. Against the said order, an appeal was preferred, the appellate court had confirmed the said order of conviction and sentence.;