RAJINDER PERSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court, dismissing Criminal Revision Case No. 562 of 1979 which was filed by the appellant against the judgment of the Additional Sessions Judge, Gurgaon who affirmed the judgment of the Chief Judicial Magistrate, Gurgaon sentencing the appellant to rigorous imprisonment for six months and a fine of Rupees 1,000/- under S. 16 (1) (c) of the Prevention of Food Adulteration Act, 1954 as amended from time to time.

(2.) We dismissed the appeal and confirmed the conviction and sentence on 5-4-1983 for reasons to be given later. We hereby give the reasons.

(3.) The charge against the appellant was that when the Food Inspector, Gurgaon, Sant Lal Anand (P. W. 2) went to the appellants grocery shop at Farrukh Nagar at about 4 p. m. on 27-8-1976 he prevented P. W. 2 from taking a sample of Dhania from the stock kept for sale by slipping away from the shop under some pretext. The case of prosecution was that when the Food Inspector. (P. W. 2) visited the appellant's grocery shop accompanied by Dr. Aggarwal, Medical Officer Incharge, Primary Health Centre, Farrukh Nagar (P. W. 1) and Dr. Yadav, Chief Medical Officer (Health), Gurgaon (P. W. 3) the appellant was found to have stored 6 kgs. of Dhania for sale in his shop. P. W. 2 disclosed his identity to the appellant and demanded a sample of the dhania for analysis and sought to serve the notice Ext P/B and tendered Rs. 4.80 as the price of 600 gms. of dhania asked for. The appellant went away from the shop under the pretext of passing urine without accepting the notice Ext. P/B or the sum of Rs. 4.80 tendered by P. W. 2 and he did not come back to the shop though. P. Wt. 1 to 3 waited there for about 1 1/2 hours. Thereafter P. W. 2 took a sample from the shop in the absence of the appellant and prepared the spot memo Ext. P/A in the presence of P. Ws. 1 and 3 and subsequently filed the complaint Ext. P/C in the Court of the Chief Judicial Magistrate, Gurgaon against the appellant for contravention of S. 16 (1) (c) of the prevention of Food Adulteration Act, 1954 as amended, by preventing him from taking a sample of the article of food.