BALWINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition is against the judgment dated 03.03.2012 passed by the learned Sessions Judge, Kaithal and judgment dated 26.04.2010 passed by the Chief Judicial Magistrate, Kaithal whereby petitioner was having found to be in possession of primary food article i.e Ghee for public sale contained in aluminum. Petitioner was convicted under Section 16(g)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 1000/-, in default of payment of fine accused was further directed to undergo simple imprisonment for a period of ten days.

(2.) RespondentNo.2/complainant-Government Food Inspector, has filed a complaint against the accused/petitioner on the allegatios that the complainant was Govt. Food Inspector appointed vide notification dated 01.04.1994 and on 19.08.2003 at 10 A.M. The complainant inspected the premises of Balwinder Singhaccused/ petitioner wherein he was found having 20 kgs of Ghee for public sale in aluminum container. A notice was given in writing on Form VI (Ex.PA) prescribed under the Prevention of Food Adulteration Rules, 1955 (for short 'PFA Rules'). 600 grams of ghee was purchased against the payment of Rs. 84 vide receipt (Ex.PC) for the purpose of analysis in the presence of witness. The sample was taken after making the ghee homogeneous and uniform. The sample was divided into three equal parts and then bottled in three dry, clean and empty bottles. Bottles were stoppered tightly, labeled and then wrapped in a strong thick paper and a paper slip issued by Local Health Authority, Kaithal bearing code No. KAT-DH/FH/FI-2/276 was affixed on each bottle. Signatures of the accused were obtained in such a manner that both the paper slip and the wrapper of the sealed sample carry a party of his signatures. One sealed bottle along with memorandum in Form VII was sent to Public Analyst, Haryana Chandigarh on 20.08.203. The other two sealed bottles of sample were deposited with the Local Health Authority, Kaithal. Sample, which were sent to Public Analyst, Haryana Chandigarh and report of the Analyst shows that sample does not confirm to the prescribed standard of ghee as laid down under item No. A.11.02.21 of PFA Rules.

(3.) On this complaint, the accused/petitioner was summoned and after recording pre charge evidence, the accused was chargesheeted under Section 7 of the Act to which petitioner/accused did not plead guilty and claimed trial. The report of the Public Analyst was given to the accused/petitioner to enable him to get the same retested.