STATE OF UTTARAKHAND Vs. PARAMJEET SINGH

JUDGEMENT

(1.) Food Inspector filed a complaint against Paramjeet Singh (respondent herein) for the offence punishable under Section 7/6 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'The Act'). He was summoned to face the trial. He pleaded not guilty to the allegation levelled against him and claimed to be tried. PW 1 J.S.Jayda (Food Inspector) and PW 2 Intezar Ahmad (Food Clerk) were examined on behalf of the prosecution.

(2.) Incriminating evidence was put to the accused person under Section 313 Cr.P.C., in which he said that he was falsely implicated in the case. DW 1 Gulshan Kumar was examined in defence. After considering the evidence on record, learned Judicial Magistrate, Haridwar, vide judgment and order dated 15.02.2007 convicted accusedrespondent for the offence punishable under Section 16 (1- A) (i) of the Act. He was directed to undergo rigorous imprisonment for six months along with a fine of Rs. 1000/- , in default of which he was required to undergo further simple imprisonment for one month.

(3.) Aggrieved against the said judgment and order, the accused-convict preferred an appeal before the Sessions Judge, Haridwar. Learned lower appellate court, vide impugned judgment and order dated 18.07.2007, allowed the appeal. The judgment and order passed by the learned Trial Court was set aside. Accused-convict was exonerated of the charge levelled against him. Aggrieved against the impugned order dated 18.07.2007, present Government Appeal along with Leave to Appeal was preferred by the State/appellant.