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J.C.UPADHYAYA
Navinchandra Himmatlal – Appellant
Versus
State of Gujarat – Respondent


Counsel for the Parties:
For the Applicant :Mr. K.V. Shelat, Mr. D.K. Modi and Mr. M.D. Modi, Advocates.
For the Respondent No.1: Mr. H.L. Jani, APP.
For the Respondent No.2:Mr. Satyam Y. Chhaya, Advocate.

JUDGMENT (ORAL)

J.C. Upadhyaya, J.—The petitioner-Navinchandra Himmatlal preferred this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure (Cr.P.C.) challenging the legality and validity of the judgment and order rendered by the Ld. Addl. Sessions Judge, Ahmedabad City on 18.8.2000 in Criminal Appeal No. 9/1995, whereby the Ld. Addl. Sessions Judge confirmed the judgment and order rendered by the Ld. Metropolitan Magistrate, Court No.8, Ahmedabad, on 13.12.1994 in Criminal Case No. 138/1989 whereby the petitioner was convicted for the offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (for short ‘the Act’) and sentenced to undergo rigorous imprisonment (for short ‘RI’) for six months and to pay fine of Rs.1,000, in default of payment of fine, to undergo further RI of one month.

2. The prosecution case, in nutshell, is that the respondent No. 2 Mr. H.H. Dave, Food Inspector, Ahmedabad Municipal Corporation on 18.11.1988 at 7.20 a.m., visited the shop of petitioner. Navinchandra Himmatlal and collected sample of cow-milk from the shop. When the sample was analyzed by the Public Analys

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