JUDGMENT

Tarlok Singh Chauhan, J —Aggrieved by the judgments of conviction and sentence passed by the learned Judicial Magistrate Ist Class, Theog, on 14.08.2007/25.08.2007 and affirmed by the learned Sessions Judge, Shimla, on 13.02.2008, the petitioner has filed the instant revision petition under Section 397 of the Code of Criminal Procedure (for short ''Code'') .

2. On a complaint having been filed by the Food Inspector, the petitioner was tried for an offence punishable under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short ''Act'') . It was alleged therein that on 11.11.2005 at about 10.30 a.m., the Food Inspector/Complainant (for short ''Complainant'') inspected the shop of the petitioner i.e. shop ''M/s Sood Brothers, Chhailla'' and found the petitioner conducting the business of the shop as a proprietor thereof. He was having 4x500 grams poly packs of ''Gupta Special Agra Petha'' on counter kept for sale to the general public. It was thereafter averred that the complainant after disclosing his identity issued notice, declaring his intention to take sample of ''Petha'' for the purpose of analysis. Thereafter, the complainant purchased 3x500 g