NAND GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 28.5.1980, a Government Food Inspector went to the shop of Nand Gopal at Ladwa in district Kurukshetra and obtained a sample of Soyabeen oil on payment of price. It was converted into three clean bottles and the report of the Public Analyst when received showed that U.S. matter was found 2.58% and was thus higher than the maximum of 1.5%. Here the accused was convicted by Chief Judicial Magistrate, Kurukshetra and was sentenced to R.l. for six months and a fine of Rs. 1,000 was also imposed. The convict preferred an appeal and the learned Additional Sessions Judge, Kurukshetra accepted it on 16.5.1986 but remanded the case for a kind of retrial The attention has been invited to Dava Ram Vs. State of Haryana, 1988 (I) F.A.C. 143 where remand of the case on 1.10.1985 where a sample of milk was taken long again 23.7.1981 was disliked. Similarly, in Chater Bhuj Vs. State of Haryana, 1985 (II) F.A.C. 205 the remand of a case on 10.2.1984 where sample of Bura was taken on 7.1.1981 was disapproved.

(2.) The conclusion is that the present petition is accepted and the complaint against Nand Gopal of Kurukshetra is hereby quashed and he is acquitted. Petition accepted.