1963 Supreme(Raj) 197
BHANDARI, BERI
Ratanlal – Appellant
Versus
State – Respondent
Advocates Appeared:
S.N. Prosad, for petitioners; B.C. Chatterji Dy. Government Advovate, for opposite party
Bhandari, J.—These three Rev. Applications have been referred by a Single Judge to a Division Bench. In all these cases common questions of law are involved. We shall first deal with Cr. Revision No. 3/1952 Ratanlal Vs. State. The Sub-Divisional Magistrate, Baran convicted Ratanlal accused under sec. 16(a) of the Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954) [ hereinafter called the Act] for selling adulterated ghee in the town of Baran which has a Municipality. A complaint was filed against the accused after obtaining permission of the Vice-Chairman of the Municipality who was acting as Chairman in his absence. The accused admitted his guilt. The learned Sub-Divisional Magistrate sentenced the accused to three months rigorous imprisonment and payment of Rs. 500/- as fine. An appeal was filed by the accused in the court of the Additional Sessions Judge, Baran. The learned Judge of the lower appellate court maintained the sentence of imprisonment but reduced the fine from Rs. 500/- to Rs. 300/-. Thereupon the accused filed the present revision application which came up for hearing before Bhargava, J. who has referred it to a Division Bench as certain important quest
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