1. By this application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the applicants have challenged the order of conviction and sentence passed by the learned Judicial Magistrate First Class, Kalol in Criminal Case No.751 of 1993 vide judgment and order dated 7th July, 1999 and confirmed by the learned Additional Sessions Judge, Mehsana, 4th Fast Track Court in Criminal Appeal No.52 of 1999 by judgment and order dated 18th June, 2004.

2. The facts giving rise to the present application are that the respondent No.2 – complainant, who was discharging duties as a Food Inspector, lodged a complaint to the effect that on 16th January, 1993 at 2.45 p.m. he had visited the shop of M/s. Bhavchand Waghumal Sindhi. The said firm was engaged in the business of edible oil, vegetable oil, by way of wholesale and retail. In the said shop, there were pressed tins reflecting Swati brand of M/s. Shri Umiya Oil Mill, Bhavnagar Road, Amreli, which were stocked for sale. It is further stated in the complaint that a panch – Shri Bhojraj Asudomal Aswani was called and in his presence, sample for analysis from the pressed