JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner stands convicted for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and imposed a sentence of 6 months rigorous imprisonment.

(2.) As per the allegations, on 7.3.1998, the Govt. Food Inspector alongwith Medical Officer checked the premises of the petitioner at Rohtak. He was found in possession of 2 k.g. of Red Chilli Powder for public sale which is contained in a bag/katta. The food inspector demanded a sample of red chilli powder by giving a notice in writing. He purchased red chilli powder from the petitioner after paying a sum of Rs. 24/-. The purchased red chilli powder was bottled in three dry, clean and empty bottles. The bottles were sealed on the neck with the seal of Medical Officer. These were labeled and wrapped with gum. A paper slip and the signature of Local Health Authority, Rohtak was pasted on each bottle from top to bottom. Each bottle was secured by means of strong twine and sealed with the seal of Medical officer and that of the Food Inspector. Thereafter, the sample was sent for chemical examination. It was found that red chilli powder gave ash insoluble in dilute HCL 1.61% against the maximum prescribed standard of 1.3% and grit 1.20%. On this basis, the petitioner was proceeded against and has ultimately convicted as noticed above.

(3.) Considering all these facts, it can be said that the petitioner has indeed suffered for the last 13 years and accordingly case is made out for showing some leniency in the sentence awarded. The petitioner has already undergone sentence of one month and twelve days. The sentence is, therefore, reduced to the period already undergone.