CRLR/34/2022
2022 Latest Caselaw 171 UK

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                                  CRLR No. 34 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Tapan Singh, Advocate for the revisionist.

Mr. K.S. Rawal, A.G.A. and Mr. P.S. Uniyal, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties through video conferencing.

This Criminal Revision has been preferred against the judgment and order dated 10.07.2017 passed by Judicial Magistrate-I, Roorkee, District Haridwar in Complaint Case No. 252 of 2005, 'Food Inspector Vs. Ashok Kumar', as well as the judgment and order dated 12.01.2022 passed by IInd Additional Sessions Judge, Roorkee, District Haridwar in Criminal Appeal No. 117 of 2017, 'Ashok Kumar Vs. State & another'.

When the matter was taken up for hearing on 17.01.2022 before the Vacation Judge, a Co-ordinate Bench of this Court admitted the revision and also heard the bail application. Accordingly, the revisionist was released on bail on furnishing sureties.

From the perusal of the judgment dated 10.07.2017, the revisionist has been convicted under Section 7(i), 16 (1-a), (ii) read with Section 42 (ZZZ)-17 of Prevention of Food Adulteration Act, 1954 and has been sentenced to undergo six months' simple imprisonment, with a fine of ` 1,000/-, with default stipulation. In the appeal, the concerned Additional Sessions Judge affirmed the impugned order dated 10.07.2017; but, in the operative portion, offence punishable under Section 7(V) was mentioned, in place of Section 7(i).

Since the revisionist has been enlarged on bail during the pendency of the revision, accordingly, he has submitted the sureties before the concerned Court and the concerned Court issued the release order on 20.01.2022 to the concerned Jail Authority.

Accordingly, the Jail Authority is directed to release the revisionist in the impugned Complaint Case No. 252 of 2005, 'Food Inspector Vs. Ashok Kumar' forthwith, if not wanted in any other criminal case.

Registry is directed to send a copy of this order to the concerned Jail Authority for strict compliance.

(R.C. Khulbe, J.) Vacation Judge 25.01.2022 Arpan