STATE OF HARYANA Vs. HARMINDER SINGH TARLOK CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment passed by Additional Sessions Judge, Karnal, on 26-8-1986 by which the respondent has been - acquitted of the charge under Section 16(1) (a) (i) read with section 7 of the Prevention of Food Adulteration Act, 1954.

(2.) The brief facts of this case are that on 22.7.1983 Government Food Inspector Piare Lal accompanied by Dr. S.K. Sharma inspected the business premise of the respondent who was running a Karyana shop under the name and style "Harmmder Singh Tarlok Chand". The respondent was found in possession of 120 Kgs. of turmeric powder (Haldi Powder) in two gunny bags for sale. The Food Inspector disclose*. his identity and, after giving notice Exhibit PA to the respondent, purchased 600 gramr of turmeric powder from the respondent on payment of Rs.8.40. The purchase* turmeric powder was divided into three equal parts which were put into three and clean bottles. These bottles were properly corked, labelled and sealed. One sin of the Local Health Authority, Karnal, was also pasted on each of the sample bottle Spot Memo Exhibit PC was prepared by the Food Inspector, which was signed by the respondent and attested by the witnesses. One sample bottle along with a copy of Memo in Form VII was sent to the Public Analyst, Haryana, Chandigarh. The remaining two sample bottles and two copies of the Memo in Form VII were deposited by the Food Inspector with the Local Health Authority Karnal. One copy of the Memo in Form VII was sent separately to the Public Analyst, Haryana, by registered post. Vide his report dated 19.8.1983 Exhibit PE, the Public Analyst found the sample adulterated and gave the following opinion:-

(3.) Notice of the complaint was given to the respondent, on which he put in appearance in Court and filed an application for sending the second sample bottle to the Central Food Laboratory, Ghaziabad. That request was granted by the trial Judge. Report Exhibit PG dated 7.11.1983 was received from the Director, Central Food Laboratory, Ghaziabad. opining that the sample did not conform to the standard of turmeric powder laid down in item A.0.5.20.01 of the Prevention of Food Adulteration Rules, 1955, in that: