STATE OF HARYANA Vs. JANAK RAJ

JUDGEMENT

(1.) THIS appeal is directed against the order of Addl. Sessions Judge, Jind dated 3rd of September, 1985, whereby the order conviction dated 10 -4 -1985 passed by Chief Judicial Magistrate; Jind against Janak Raj and Om Parkash accused under Section 16(1)(a)(i) read with Section 7(1) of the Food Adulteration Act and order dated 12 -4 -1985 sentencing them to undergo imprisonment for one year and to pay a fine of Rs. 1000/ -, in default of payment of fine to undergo further rigorous imprisonment for five months, were set aside, and, the accused were acquitted of the charge.

(2.) IN brief facts relevant for the disposal of this appeal are, that on 21 -2 -1980 Ram Singh, Government Food Inspector along with Dr. R.S. Garg, went to the shop of Om Parkash accused and there they found his servant Janak Raj in possession of a tin containing 16 Kgs of Desi ghee meant for sale. After disclosing his identity the Food Inspector took sample of 450 grams of Desi ghee on payment of Rs. 11.25. The sample of ghee so purchased was divided into three equal parts, packed in three dry and clean bottles which were duly stoppered, securely fastened and then wrapped in a strong thick paper and the same was secured by paper slips and twine. One bottle of sample was sent to Public Analayst, Haryana along with memorandum in form VII. The other two bottles of sample were handed over to the Local Health Authority. Copy of the memorandum and specimen of the seal used for sealing the sample were also sent to the Public Analyst separately by a registered post. As per report of the Public Analyst the sample was found adulterated with Vanaspati. On the basis of the said report complaint was filed by the Food Inspector in the trial Court. Aggrieved against the order of acquittal passed by the first appellate Court, the State has filed the present appeal.

(3.) WE have heard the learned counsel for the parties and have carefully perused the record.