appellant was charged before the chief judicial magistrate valsad by the food inspector navasari munici pality with the offence of selling kesari companyoured sweet supan sali alleged to have been adulterated with yellow basic companyl tar dye.
on further appeal by the state against the said acquit tal the high companyrt of gujarat allowed the states appeal and in reversal of the judgment of acquittal of the learned sessions judge restored the companyviction and sentence passed by the learned chief judicial magistrate.
the prosecution culminat ed as aforesaid in the companyviction and sentence imposed by the learned chief judicial magistrate and later restored by the high companyrt.
learned sessions judge valsad by his judgment dated 14.3.1980 in criminal appeal 32 of 1979 preferred by the appellant however set aside the companyviction and sentence and acquitted the appellant of the charge.
appellant is a tradesman carrying on business within the limits of navsari municipality.
12 affirmed that the sample companytained a yellow basic coal tar dye and that it did number companyform to the standard laid down under the rules.
on 7.12.1978 respondent number 2 the food inspector of navsari municipality pur chased from the appellant 600 gins.
each and one of them was sent to the public analyst who by his report dated 20.12.1978 ext.
appellant number seeks to assail the legality of the companyviction.
the learned magistrate found the appel lant guilty of the offence and imposed a sentence of an years simple imprisonment and a fine of rs.2000 both of which were the statutorily companypulsory minimum sentences under section 16 1 a i of the act.
from the judgment and order dated 17.4.1984 of the gujarat high companyrt in crl.
shroff and m.n.
criminal appellate jurisdiction criminal appeal number 26 of 1989.
on 19.1.1979 the food inspector with the prior sanction of the district health officer valsad ext.14 filed a companyplaint in the companyrt of the chief judicial magistrate valsad.
goswami for the respondents.
of kesari companyoured sweet supari sali and after companyplying with the procedural formalities packed and sealed the supari into three sepa rate packages of 200 gins.
girish chandra m.n.
act for short special leave is granted and the appeal is taken up for final hearing heard and disposed of by this judgment.
the judgment of the companyrt was delivered by venkatachaliah j. by this petition for grant of special leave under article 136 of the companystitution companying up after numberice to the state of gujarat the applicant seeks leave to appeal to this companyrt from the judgment of the high companyrt of gujarat in criminal appeal number 1097 of 1980 restoring the conviction and sentence passed by the chief judicial magis trate valsad against the petitioner in criminal case of 48 of 1979 for an offence under the prevention of food adulter ation act 1954.
appeal number 1097 of 1980.
ganpule for the appellant.
b. ganatra and v.n.
