HARISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 19.7.2000 passed by the learned Additional Sessions Judge (I), Jind, dismissing the appeal of the accused-petitioner Harish Kumar (herein referred as 'the petitioner'), against the judgment dated 23.4.1997 passed by the Sub Divisional Judicial Magistrate, Narwana, convicting him under Section 7 read with Section 16 (1) (a) (i) of Prevention of Food Adulteration Act, 1954 (herein referred as 'the Act') and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/-.

(2.) In nut shell, the facts are that on 13.5.1989, at about 3.15 p.m. Government Food Inspector Khushi Ram Gambhir (PW1) after associating one independent witness went to the shop of the accused, disclosed his identity and purchased a bottle of Sharbat Sugar (Plain), on payment of Rs. 9/- for analyzing. The sharbat so purchased was then divided into three equal parts and poured in three dry clean empty bottles. Twenty drops of 40% formalin were added in each bottle. All the three bottles were duly sealed and labeled as per procedure laid down in the Act. One sealed bottle along with form No. VII was sent to the Public Analyst for analysis through railway parcel. A copy of the form No. VII with the impression of specimen seal was also sent to the laboratory separately. On receipt of the report Ex.PE containing the fact that the total soluble solids were found 60.5% as against the minimum prescribed standard of 65% in the sample a complaint was filed.

(3.) After recording preliminary evidence, the petitioner was served with a notice to which he pleaded not guilty and claimed trial.