CRLR/768/2023
2023 Latest Caselaw 3215 UK

Citation : 2023 Latest Caselaw 3215 UK
Judgement Date : 18 October, 2023

Uttarakhand High Court

CRLR/768/2023 on 18 October, 2023

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      18.10.2023                        CRLR No.768 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Proposed Criminal Revision has been filed challenging the judgment dated 11.10.2023, passed by learned IInd Additional District & Sessions Judge, Haridwar in Criminal Appeal No.149 of 2018, by which the Appeal, filed against the judgment dated 11.07.2018, passed by learned Additional Chief Judicial Magistrate, Haridwar in Criminal Complaint Case No.140 of 2016, by which, the revisionist-accused Gulab Ahmad was convicted and sentenced to undergo imprisonment for a period of one year along with a fine of Rs.5,000/-(Rupees Five Thousand) under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (in short, "the Act, 1954").

2. Heard Mr. Gaurav Singh, learned counsel for the revisionist and Mr. M.K. Chand, learned A.G.A. for the State.

3. Mr. Gaurav Singh, Advocate contended that the provisions of the Act, 1954 including the provision of sub- section (7) of Section 10 of the Act, 1954, were not followed and there are certain material contradictions in the statement of PW1. Therefore, there are substantial doubts about the conviction.

4. Admit.

5. List on 03.01.2024.

6. Heard on Bail Application (IA No.1 of 2023).

7. Mr. Gaurav Singh, Advocate submits that the revisionist was on bail during the trial and the appeal, and, the conditions of bail were neither violated nor misused by him.

8. Mr. M.K. Chand, A.G.A. opposed the bail application. However, he has fairly conceded that the revisionist was on bail during the trial and the appeal, and, the conditions of bail were neither violated nor misused by him.

9. Having considered the submissions of learned counsel for the parties, and, in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

10. The Bail Application (IA No.01 of 2023) is allowed.

11. Let the revisionist-Gulab Ahmad be released on bail on executing his personal bond and furnishing two reliable sureties each, in the like amount, to the satisfaction of the Court concerned.

(Alok Kumar Verma, J.) 18.10.2023 JKJ/Pant