R N GUJARAL Vs. RAM RANG BATRA

JUDGEMENT

(1.) A sample of Haldi powder was lifted from the respondent under the provisions of Prevention of Food Adulteration Act on 8-6-78 by Shri R.K. Ahuja, Food Inspector and on analysis by the Public Analyst it was found to be adulterated due to the presence of artificial coaltar dye and extraneous matter of starches to the extent of 80% and excess of 3.82 in ash insoluble in dil. HCL by wt. The respondent accused was convicted under Section 7/16 of the Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000.00 in default of which he was to undergo further rigorous imprisonment for six months.

(2.) In first appeal he was acquitted on the ground that by erroneous act of trial court the respondent has been denied a very valuable statutory right granted to him under Section 13(2) of PFA Act and that provisions of Rules 7 and 17 have not been complied with. It is against this acquittal that the present appeal has been filed.

(3.) We have heard Mr. 0.P. Soni, counsel for the respondent-accused, as also Mr. R.P. Lao. counsel for the appellants. Mr. Soni has urged before us that due to a marginal delay of three days the respondent was refused the exercise of valuable right conferred upon him under Section 13(2) of the Act. Mr. Lao on the other hand stated that since no grievance was made by the respondent against the said order it shall be taken to mean that he has accepted the position and that he cannot now turn back and assail the said order.