STATE OF PUNJAB Vs. GULSHAN RAI

JUDGEMENT

(1.) State has come up in appeal against the order of acquittal of Gulshan Rai recorded by Judicial Magistrate 1 Class, Barnala, on Nov. 26, 1982 of charge framed under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter called 'the Act').

(2.) On 2/06/1981, Dr. P. K. Goel visited the premises of Gulshan Rai Halwai who was having about 20 Kgs. of laddoos meant for sale. After necessary formalities having been complied with, sample of laddoos was taken into possession. After receipt of the report of the Public Analyst that the laddoos were prepared in palm oil which was not up to the prescribed standard, Complaint was filed against Gulshan Rai. During the course of the trial second sample of laddoos was sent to the Director, Central Food Laboratory. On receipt of the report charge was amended.

(3.) The prosecution produced P.W. 1 Dr. P.K. Goel, P.W. 2 Suresh Kumar, Clerk from the Office of the Chief Medical Officer, Sangrur, and P.W. 3 Anup Kumar Kad, Medical Officer, Narike. Exhibit PF, report of the Director, Central Food Laboratory, was tendered. Gulshan Rai accused while denying allegations admitted that second sample was sent to the Director, Central Food Laboratory, and showed ignorance about the report. No evidence in defence was produced. As stated above, the accused was acquitted.