SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sushil Kumar was running a grocery shop (Karyana shop) under the name and style of M/s Goyal Provision Store near Pooja Filling Station, Jagadhari Road, Ambala Cantt. On 7.8.1990 at about 11.30 A.M., premises of the accused were inspected by Piare Lal, Government Food Inspector, who was accompanied by Dr. Gianender Sharma. Petitioner was found in possession of 5 Kgs. of Lal Mirch Powder for public sale. The Lal Mirch Powder was lying in a Peepa (tincan). After giving notice Ex.PA to the petitioner, the Government Food Inspector purchased 600 grams of chilli powder by making payment of Rs.12/-. The sample, in consonance with the procedure prescribed, was drawn and was sent to the Public Analyst. The Public Analyst opined that sample gave total Ash 10.30% and Ash insoluble in dilute Hcl 2.04% against the maximum prescribed standard of 8% and 1.3%, respectively, and Grit 2.5%. On receipt of the report of Public Analyst, the Government Food Inspector instituted a complaint against the accused. A notice un- der Section 13(2) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "1954 Act") was sent to the petitioner who, on appearance, filed an application for getting the second sample analyzed from Central Food Laboratory, Mysore. The Central Food Laboratory, Mysore, concluded as under :-

(2.) It is well settled legal position that report of Central Food Laboratory supersedes the report of Public Analyst. Piare Lal, Government Food Inspector, appeared as PW.1 and his statement in pre-charge evidence was recorded. Thereafter, he appeared for cross-examination. Dr. Gianender Sharma appeared as PW.2.

(3.) The trial Court relied upon the testimony of Piare Lal, Government Food Inspector, PW.1 and Dr. Gianender Sharma, PW.2.