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2023 Supreme(Bom) 652

G. A. SANAP
Jairam, S/o. Atmaram Shadija – Appellant
Versus
State of Maharashtra, At the instance of S. P. Nandanwar, Food Inspector, Food and Drugs Administration – Respondent


Advocates Appeared:
For the Applicant : Mr. J.J. Agrawal.
For the Non-applicant/State : Mr. S.A. Ashirgade.

JUDGMENT :

1. These two revision applications arise out of the same incident and therefore, they are being disposed of by this common judgment.

2. Challenge in these revision applications is to the order dated 28.08.2015 passed by the learned Sessions Judge, Wardha in Criminal Appeal Nos. 91 of 2012 and 90 of 2012, whereby the learned Sessions Judge dismissed the appeals and confirmed the order of conviction and sentence of the applicant awarded by learned Chief Judicial Magistrate, Wardha by his separate judgment and order dated 22.06.2012 in Regular Criminal Case Nos. 61/2010 (old R.C.C. No. 160/2003) and 357/2003.

3. Learned Chief Judicial Magistrate, Wardha, in R.C.C. No. 357/2003 had convicted the applicant for the offence punishable under Section 16(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as “the Act of 1954” for short) and sentenced him to suffer rigorous imprisonment for six months and to pay fine of Rs.5,000/- and in default of payment of fine to suffer further imprisonment for two months. In R.C.C. No. 61/2010, the applicant was convicted for the offence punishable under Section 16(1-C) of the Act of 1954 and sentenced him to suffer ri

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