Dashrath Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6079 MP

                                                                         1

             HIGH COURT OF MADHYA PRADESH
                       CRR No. 1137 of 2022
         (DASHRATH SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 25.04.2022

      Shri Arshad Ali M.Haque, learned counsel for the petitioner.

      Shri      K.S.Tomar,    learned   Public    Prosecutor      for   the

respondent/State.

Petitioner has filed this criminal revision under Section 397/401

of the Code of Criminal Procedure being aggrieved by the judgment

dated 08.03.2022 passed by Additional District and Sessions Judge,

District Shivpuri in Criminal Appeal No.327/2017 whereby the

conviction and sentence passed by Judicial Magistrate First Class

(Special Judge, Food Adulteration), Gwalior in Criminal Case No.

12143/2010, by which he has been convicted for the offence under

Section 7(1)/16(1) of Food Adulteration Act and sentenced for six

months rigorous imprisonment with fine of Rs.1000/- and under

section 7(3)/16 of Food Adulteration Act sentenced to till the rising of

Court with fine of Rs.500/-, which has been confirmed.

2. Brief facts necessary for disposal of this revision are that, on

24.04.2010 at 10.00 AM, Food Inspector Mamta Sharma along with

had gone to Shiv Dairy infront of Dahi Mandi to take sample. At that

time they have stopped one two wheeler vehicle having milk

containing 45 kg. She purchased 1500 milliliter milk for the purpose

of sampling by giving Rs. 33/- (Rs.22/- per kg.). The sample was

seized as per rule, prepared panchanama and sent one sample to Food

Analyst and kept the remaining sample in the office of Deputy

Director, Gwalior. Report from Food Analysis Laboratory came to

this effect that the sample is not upto the standard and is adulterated.

The report of Food Analysis Laboratory has been given to the

petitioner. The petitioner was not having license for selling the milk.

3. After trial, the trial Court convicted the applicant and sentenced

for the offence aforesaid. Thereafter he preferred an appeal before the

Appellate Court, who also by judgment dated 08.03.2022 dismissed

the appeal of the applicant. Aggrieved by the aforesaid conviction and

sentence of Courts below, the applicant has filed this revision on the

ground that notice under Section 13(2) of Food Adulteration Act has

not been sent to the petitioner and on the contrary evidence he has

been convicted. It is further submitted that the Court below has erred

in convicting and sentencing the applicant.

4. Heard learned counsel for both the parties and perused the

record.

5. After perusing the record, it is apparent that the counsel for the

applicant has not raised any legal ground in the revision to point out

as to what illegality has been committed by the Court below in

convicting and sentencing the applicant.

6. The Apex Court in the case of Duli Chand Vs. Delhi

Administration reported in (1975) 4 SCC 649 has held that, the

jurisdiction of the High Court in a criminal revision application is

severely restricted and it cannot embark upon a re-appreciation of the

evidence. The said judgment has been relied by the Apex Court in

the case of State of Maharashtra Vs. Jagmohan Singh Kuldip

Singh Anand and Others reported in (2004) 7 SCC 659.

7. In the opinion of this Court, the Court below has dealt with

every aspect of the matter and, therefore, the decision making process

adopted by the Court below cannot be found fault with and no

illegality has been committed in convicting and sentencing the

applicant. In this view of the matter, I find no reason to interfere in

the matter. This Court is not required to re-appreciate the evidence as

an appellate Court in its revisional jurisdiction. In absence of any

illegality which warrants interference by this Court in revisional

jurisdiction, interference is declined.

8. Consequently, the revision petition is dismissed.

                                               (Deepak Kumar Agarwal)
vv                                                      Judge



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     VASUDEVAN
     2022.04.29
     13:51:42
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