RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision has been directed against the order of conviction and sentence dated 31-7-1987 passed by Chief Judicial Magistrate, Bhiwani. Ram Chander, the petitioner herein, was held guilty under S.16(1)(c) of Prevention of Food Adulteration Act, 1954, on the basis of complaint Ex. PC filed against him by the Food Inspector K.K.Bhutani. The order of conviction has been confirmed in appeal by the learned Sessions Judge, Bhiwani vide his orders dated 17th of November, 1987.

(2.) It has been the prosecution case that on 16th of October, 1984 at about 5.00 p.m. K.K.Bhutani, Food Inspector along with Dr. Hazari Lal, Medical Officer and his Peon Udey Singh came up to the shop of the petitioner in village Kungar, Tehsil Bhiwani. The petitioner was present at his shop and some Haldi powder was lying in a tin for sale in his shop. The Food Inspector filled form No. 6, Ex. PA and expressed his intention to purchase Haldi from the petitioner for the purposes of analysis. The petitioner was asked to sign the form in token of its acceptance and to sell Haldi powder to the Food Inspector. The petitioner, however, abused the Food Inspector and those accompanying him saying that he was not going to allow the Food Inspector to take sample of Haldi and the Food Inspector was at liberty to take whatever action he deemed proper. Some persons arrived at the scene of occurrence. However, they declined to join the proceedings as also to sign the memo.

(3.) The prosecution in its endeavour to bring home the offence against the petitioner examined K.K.Bhutani P.W.1, Dr. Hazari Lal P.W.2 and Udey Singh P.W.3.