Ali Hasan v. State

1

Court No. - 34

Case :- CRIMINAL REVISION No. - 194 of 1987

Revisionist :- Ali Hasan Opposite Party :- State Counsel for Revisionist :- V.P. Srivastava,Ghanshyam Joshi Counsel for Opposite Party :- A.G.A.

Hon'ble Sudhir Agarwal,J.

1. Heard Sri Mukesh Joshi, Advocate holding brief of Sri Ghanshyam Joshi, learned counsel for revisionist and learned A.G.A. for State.

1. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 22.11.1985 and 20.01.1987. The Judicial Magistrate (Economic Offences), Moradabad vide order dated 22.11.1985 passed in Criminal Case No. 868 of 1984 has convicted revisionist under Section 16(1)(A)(i) read with Section 7 of Prevention of Food Adulteration Act, 1954 and sentenced him to undergo six months rigorous imprisonment with fine of Rs. 1000/-. Thereagainst, revisionist preferred Criminal Appeal No. 289 of 1985 and Appellate Court while dismissing appeal, confirmed order of conviction and sentence passed by Trial Court. Being aggrieved the revisionist preferred present revision.

1. Learned counsel for revisionist contended that the Courts below have not properly appreciated the evidence and adulteration was not found toxic or harmful to health, therefore, conviction is illegal. He tried to take this Court to the judgments and made his endeavor to show that the view taken by Courts below in appreciating the evidence is not correct.