SHRI DIWAN CHAND Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) DEWAN Chand petitioner was convicted by the trial magistrate, Hissar under Section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 for having been in his possession 13 kgs of insect -damaged sabat moong for sale at his shop and sentenced to two years' rigorous imprisonment and a fine of Rs. 2,000/ - or in default to undergo rigorous imprisonment for one year. On appeal, the Additional Sessions Judge, Hissar not only upheld his conviction but affirmed his sentence and hence the present revision petition.

(2.) THE case of the prosecution is that on 24 -9 -1975, Bhagwan Dass, Govt. Food Inspector formed a raiding party by joining with him Dr. S.S. Gulati, Medical Officer Incharge, Civil Hospital, Tohana; Bari Ram Peon of Health Department and Manohar Lal, a Cloth Merchant and approached the petitioner who was carrying on a kariana shop. The Food Inspector disclosed his identity to the petitioner and purchased 600 gms. of moong sabet. Out of the said stock of moong Sabat for analysis from him on payment of Rs. 1.20 paise as its price. After completing the formalities, one sample bottle was handed over to the petitioner and the second sample bottle was retained in the Health Department of the Civil Hospital, Hissar while the third one was despatched to the public analyst for analysis. The public analyst vide his report Ex. PD, opined that the sample of moong was insect infested and 12.5% of the sample moong was insect -damaged. On the complaint filed by the Food Inspector, the Petitioner was convicted and sentenced as referred to above.

(3.) THUS , it is clear from the interpretation given to the words 'insect infestant' that only the presence of living or dead insects in a sample is not enough but there must be further evidence that it is unfit for human consumption. For these reasons, the petitioner is given the benefit of doubt and acquitted. Fine, if realised, may be refunded.