STATE OF PUNJAB Vs. PREM KUMAR

JUDGEMENT

(1.) ON 18-3-1982 Dr. Rupinder Kumar who was vested with the powers of Food Inspector went to the shop of Prem Kumar respondent situated in the area of Talwandi Sabo. He was accompanied by Dr. Mewa Ram Singla and Kishan Chand Food Inspectors. The respondent was present at his shop and he was found in possession of 10 kilograms of rice for sale. After serving a notice Dr. Rupinder Kumar purchased 600 grams of rice which were divided into three equal parts. Each part was sealed in a polythene bag. One sample packet was sent to the Public Analyst and the other two packets wore deposited with local Health Authority. After analysing the sample the Public Analyst made his report Ex. P to the effect that the contents of the sample contained six dead insects. On receipt of this report prosecution of the respondent was launched in the Court of Shri Hardial Singh, Additional Chief Judicial Magistrate, Bhatinda and the respondent was tried for an offence under section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act.

(2.) IN support of its case the complainant Dr. Rupinder Kumar made his own statement and also examined Buta Singh as PW. 2. The contention of the respondent when examined under Section 313 Cr. PC was that all the allegations against him were false. He did not lead any evidence in defence.

(3.) WE have heard Shri S.K. Sharma, Deputy Advocate General, Punjab, for the appellant, Shri J.R. Mittal, Advocate, with Mr. Baldev Singh, Advocate, for the respondent and have perused the records.