SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Surender Kumar was prosecuted by Govt. Food Inspector, Charkhi Dadri. The Court of Sub Divisional Judicial Magistrate, Charkhi Dadri found the petitioner guilty of offence under Section 16(1)(a) (I) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as, 'the Act') and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Aggrieved against the same, petitioner had filed an appeal. The lower appellate Court upheld the conviction but reduced the sentence from one year to six months rigorous imprisonment. However, sentence of fine and default clause were maintained.

(3.) Ram Saran, Govt. Food Inspector on 25th September, 1991 at about 12.30 p.m. inspected the premises of the present petitioner, who was running a grocery (Karyana) shop. During the inspection, the Criminal Revision No.1739 of 2005 petitioner was found in possession of 20 kilogram of salt, which was contained in a plastic bag. The Govt. Food Inspector served a notice Ex.PA upon the petitioner and purchased 600 grams of salt after making payment of Rs. 1.30. Receipt Ex.PB was obtained. The salt so purchased was divided into three equal parts and the samples were drawn in consonance with the provisions of the Act and Rules framed thereunder. One of the samples was sent for analysis to the Public Analyst. As per the report of Public Analyst, the sample was not in consonance with the standards prescribed. On receipt of the report of Public Analyst, a complaint was filed and a notice under Section 13(2) of the Act was issued to the petitioner. Petitioner, on appearance, submitted a request for sending another sample to Central Food Laboratory, Mysore. The report of the Central Food Laboratory also stated the sample to be adulterated.