RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed by Ram Sarup against the judgment dated 13.7.2001 passed by the learned Sessions Judge, Bhiwani, whereby his appeal was dismissed and he upheld the judgment and order dated 1.9.2000 passed by the Chief Judicial Magistrate Bhiwani, vide which he had found the petitioner guilty and convicted him under Section 16(1)(a) read with Section 7 of the Prevention of Food adulteration Act, and sentenced him to R.I. for six months and a fine of Rs. 1000/- and a default of payment of fine to further undergo R.I. for 1-1/2 months.

(2.) BRIEFLY stated, the facts are that on 31.3.1994 Shri Abhey Ram Government Food Inspector in the presence of Dr. Anil Chaudhary, Medical Officer, Civil Hospital, Bhiwani, inspected the premises of the petitioner situated near village Halwas, Dadri Road, Tehsil and District Bhiwani, and found that he was having in his possession about 4 Kgs of Mirch Powder contained in an iron tin for public sale. He disclosed identity and expressed his desire to take sample for analysis and gave him notice Ex. PA. Accordingly, he purchased 450 Gms of Lal Mirch powder from the petitioner on payment of Rs. 18/-vide receipt Ex.PB. The sample so purchased was divided into three equal parts and put into three dry and clean bottles. The bottles were stoppered, securely fastened and then wrapped in strong thick paper which was secured by means of paper strips bearing code number and twine. The bottles were sealed. One sealed bottle along with memo in form VII was sent to the Public Analyst, Haryana, Chandigarh, for analysis while the other two sealed bottles along with memo in form VII were deposited with the Local Health Authority. A copy of the memorandum and signatures of seal used was sent to the Public Analyst, Chandigarh separately by registered post.

(3.) SHRI Abhey Ram, Govt. Food Inspector, after receipt of the report of the Public Analyst filed complaint in the Court and also sent intimation to the Local Health Authority about launching of the complaint. The Local Health Authority sent intimation to the petitioner along with copy of the report of the Public Analyst through registered post stating therein that if he so desired he could get the second sample analysed from the Central Food Laboratory, Mysore, and for this purpose he could approach the Court within ten days from the receipt of the letter.