SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the judgment dated 7.4.2003 passed by the Additional Sessions Judge, Kurukshetra, dismissing the appeal of the accused - petitioner Suresh Kumar (herein referred as 'the accused') against the judgment dated 9/10.9.1998 passed by the Chief Judicial Magistrate, Kurukshetra, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.2000/- under Section 16(1)a)(i) of the Prevention of Food Adulteration Act, 1954 (herein for short 'the Act').

(2.) In brief, the prosecution story is that complainant Sh. R.D. Goel, Food Inspector filed a complaint against the accused, stating that on 29.5.1998, he along with Dewan Chand and Dr.T.R. Girdhar inspected the Pan-Biri and Cold drink shop of the accused situated at bus-stand, Ladwa Road, Babain. The complainant after serving notice in writing on Form-VI purchased sweetened carbonated water on payment of Rs. 4.50 paise against a receipt Ex.PB. All the nine bottles were opened and their contents were poured into clean, dry and empty vessel. After mixing the material thoroughly, it was divided into three equal parts and poured in three bottles, which were properly wrapped, stopped and sealed. The sealed vessels were signed by the accused in such a way that his signatures were obtained half on the paper slip and half on the wrapper of the bottles. The memos Ex. PA, PB, PC and Ex.PC/1 were prepared on the spot and those were signed by the accused and were got attested by Dr.T.R. Girdhar and PW Dewan Chand. Sample was got examined from the Public Analyst Haryana, Chandigarh and it was found to be adulterated. Thereafter, the complainant moved the complaint Ex. PA and also informed the Local health Authority, Kurukshetra about it.

(3.) Upon notice, the accused appeared and copies of the complaint and other documents were supplied to him.