HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARI Kishan through present Criminal Revision challenges order of conviction and sentence dated August 1, 1986 recorded by the Chief Judicial Magistrate, Gurgaon holding him guilty of an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and ordering him to undergo RI for six months as also to pay fine of Rs. 1000/- or in default of payment of fine, to further undergo RI for three months as also orders dated August 19, 1987 recorded by the Additional Sessions Judge, Gurgaon, whereby appeal filed by the petitioner was dismissed, thus, upholding the order of conviction and sentence, as mentioned above, passed by the Chief Judicial Magistrate, Gurgaon.

(2.) BRIEFLY put, the prosecution case had been that on June 30, 1982 at about 6 p.m. H.R. Khanna, Government Food Inspector accompanied by Dr. D. Prashar, Medical Officer, Civil Hospital, Gurgaon, inspected the shop of petitioner, situated at Subzi Mandi, Gurgaon and found him in possession of about 15 kgs. of Bura for sale. The Food Inspector, after giving notice to the petitioner to Form VI, purchased 600 grams of Bura for analysis on payment. The purchased quantity of Bura was divided into three equal parts and placed in three dry and clean bottles which were sealed. One sealed bottle was sent to Public Analyst, Haryana, Chandigarh along with a memorandum in Form VII in a sealed cover and the other two sample bottles were handed over to the Local Health Authority. The Public Analyst, after analysis, sent his report Ex.PD which showed that the sample contained total Sugar expressed as sucrose 95% against the minimum standard of 96.5%. After receipt of this report, complaint was presented in the Court by the Food Inspector under Section 16(1)(a)(i) of the said Act for contravention of Section 7 of the said Act.