STATE OF UT CHANDIGARH Vs. RAJ KUMAR

JUDGEMENT

(1.) Through the instant appeal, a challenge has been laid to the judgment dated 3.10.2001 rendered by the then learned Chief Judicial Magistrate, Chandigarh, acquitting the respondent of the charge under Section 7(i) read with Section 16( l)(a)(i) of the Prevention of Food Adulteration Act.

(2.) The respondents/accused were tried by the Court of CJM, Chandigarh pursuant to a complaint made by the Food Inspector with the allegations that on 24.7.1991 he was found keeping in his possession 12 packets of 250 grams each of Pakistani Rock Salt manufactured by M/s Mohant Foods India, for public sale, which on analysis was found to be non-iodized salt, the sale of which was prohibited by the Health Department vide Notification No. 2252-MH-III-76/2083 dated 20th February, 1976.

(3.) The learned trial Court while acquitting the accused, did not accept the ipse dixit of complainant that the respondents were actually selling the salt for human consumption. The learned trial Court found the stand of the accused more probable and concluded that since the rock salt, the sample of which was drawn by the Food Inspector, from the accused, is not a food as envisaged under Section 2(v) of the Act, therefore, its sale cannot attract the penal provisions, if the same is found to be not iodized.