STATE OF HARYANA Vs. ISHWAR CHAND

JUDGEMENT

(1.) We have heard the learned counsels for the parties.

(2.) Leave granted.

(3.) The accused respondent had been convicted by the learned trial Court under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/-, in default, to under undergo further rigorous imprisonment for 30 days. In revision, the High Court has altered the conviction and held the accused respondent to be not guilty. The basis of the order of the High Court seems to be that the red chilli powder which was found to be adulterated was not meant for public sale but was kept for cooking/preparation of food in the eating place from where the sample was taken by the Food Inspector (complainant). Aggrieved, the State has come up in appeal.