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Judgment
Akil Kureshi, J.—This petition has been filed on behalf of the Ahmedabad Municipal Corporation questioning the legality of order dated 25.6.2010 passed by the learned Magistrate under the Prevention of Food Adulteration Act imposing punishment of fine of Rs. 1500/- on each accused and also sentencing them to imprisonment till rising of the Court.
Learned Counsel for the Respondent pointed out that the learned Magistrate had relied on the observations made by this Court in the case State of Gujarat v. Dahyabhai Jiotaram Raval 2008 (2) FAC 465 in which it was observed as under:
Having heard learned APP for the State and having perused the judgment under consideration, it would appear that only offence established against the Respondent-Original accused No. 3 was that certain batch number was not printed. Learned Judge having recorded reasons, namely, that there was no mala-fide intention in not printing the batch number, turmeric powder collected did not contain adulteration and the accused was a senior citizen imposed sentence of fine of Rs. 500/- and detention till rising the Court. I see no reason to interfere. The learned Judge has recorded reasons which appeared to be germane. This appears to be first offence of the accused. Incident had taken place in 1995, no mala-fide intention or adulteration is pointed out.
In the present case also facts are similar. Respondent Nos. 1 and 2 were not the producers. The offence was non-mentioning of batch and code numbers on the product.
Considering the above aspects of the matter, finding no infirmity in the order under challenge, this revision is dismissed. Rule is discharged.