A.K.SIKRI, R.K.AGRAWAL
Nemi Chand – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Criminal Appeal No. 214 of 2016 (Arising out of SLP (Criminal) No. 2148 of 2013)
Leave granted.
In the instant appeal, the appellant was tried and convicted for offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'Act') by the trial court vide judgment dated 19.10.1995 and was sentenced to undergo six months' Rigorous Imprisonment as well as fine of Rs.1,000/- and in default, further Rigorous Imprisonment for one month. This order was challenged by the appellant by filing appeal before the Sessions Judge which was dismissed on 11.09.1996, thereby confirming the order of the trial court. The appellant filed Revision Petition there against in which also he failed as the said petition has been dismissed by the High Court vide the impugned judgment dated 06.11.2012.
2. It is not in dispute that the charge against the appellant was only of sub-standardization of goods. Mr. Sushil Kumar Jain, learned senior counsel appearing for the appellant, submits that though the appellant has some prima facie case even on merits, he would be giving up the plea on merits and his only submission is about the sentence which has been imposed by the
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