MUNICIPAL COMMITTEE AMRITSAR Vs. BALDEV RAJ

JUDGEMENT

(1.) THIS is an appeal by the Municipal Committee, Amritsar, by the leave granted by this Court under section 417 (3) of the Criminal Procedure Code, against the acquittal of Baldev Raj who was prosecuted and tried for an offence under section 16 (1) (a) (i) and (ii) of the Prevention of Food Adulteration Act, 1954.

(2.) THE respondent Baldev Raj's prosecution was initiated on a complaint made by the Food Inspector Krishan Kumar, who alleged that on the morning of 3rd March, 1966, after disclosing his identity, be purchased a sample of halwa from the respondent and the same on analysis was found to contain prohibited orange shade coaliar dye and was thus adulterated under the Prevention of Food Adulteration Act, 1954. Besides himself appearing at the trial, the complainant, Food Inspector Krishan Kumar P.W.1, examined Madan Lal P. W. 2, one of the persons in whose presence the sample of halwa was taken by him. Ram Singh an other person who had also attested the relevant memos was given up as having been won over. Madan Lal P. W. 2 corroborated the statement of the Food Inspector that sample of halwa weighing 11/2 kilograms was sold to Krishan Kumar by Baldev Raj, respondent, for Rs. 6/ - and receipt Exhibit P.B. regarding the taking of this sample, as well as the memo Exhibit P.C. of the sample, were prepared in his presence and attested by him. The shop on which the respondent Baldev Raj sold the sample was admittedly that of his grandfather Lachhman Dass who holds the license to carry on the business of a halwai.

(3.) ON consideration of the evidence the learned trial Magistrate rejected the plea that the respondent was just a casual visitor to the shop of his grandfather or had not supplied the sample of halwa to the Food Inspector but signed the memos under duress Since the report of the Chemical Examiner proved that the sample of halwa was adulterated with prohibited dye, the Magistrate found him guilty and observed as follows: