BHAGAWANDAS KHANDELWAL Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 15(1)(a) of the Prevention of Food Adulteration Act, and sentenced to pay a fine of Rs. 50/ -, in default to undergo R.I. for one month. Prosecution case is that he exposed for sale in his grocery shop 85 Kgs. of Khesari Dal in two gunny bags for human consumption. The defence was that the Khesari Dal seized was found in his house and not in his grocery shop and that the same was kept for his cattle and not for sale for human consumption.

(2.) THE courts below concurrently found that the Khesari Dal was found in his shop and not in his house. The only point for consideration is whether the Khesari Dal was kept in his shop for sale for human consumption.

(3.) THE onus is on the prosecution to prove that the Khesari Dal Kept in the shop of the Petitioner was for sale for human consumption. Prosecution has not adduced any such evidence. The defence plea that the Khesari Dal was kept for the consumption of the cattle cannot be discarded. Prosecution must prove its case beyond reasonable doubt and unless it is established that the Khesari Dal was kept in the shop for sale for human consumption, the offence is not brought home to the Petitioner. The Petitioner must accordingly be given benefit of doubt.