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2025 Supreme(Raj) 783

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Birbal Ram – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Mr. Mudit Vaishnav, Mr. Narendra Gehlot, PP, Mr. Omprakash Choudhary

Order

1. By way of filing the instant Criminal Revision Petition under Section 397/401 of Cr.P.C., challenge has been made to the judgment dated 11.07.2005 passed by the learned Addl. District & Sessions Judge, Phalodi in Criminal Appeal No.03/2005, whereby the learned appellate court partly allowed the appeal against the judgment dated 10.02.2005 passed by the learned Addl. Chief Judicial Magistrate, Phalodi in Criminal Case No.126/1998 convicting the petitioner for the offence under Section 7/16 of Prevention of Food Adulteration Act and sentencing him to undergo six months’ simple imprisonment alongwith a fine of Rs.1,000/- and in default of payment of fine, to further undergo one month’s S.I.

2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 16.12.1997 at about 11 O’clock Food Inspector P.C. Harsh took samples of milk from the shop of the petitioner. After following due procedure, the samples were sent for examination and the same were found to be adulterated.

3. The Learned Magistrate framed the charge against the petitioner for the offence under Section 7/16 of the Prevention of Food Adulteration Act and upon d

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