STATE OF HARYANA Vs. JAGDISH

JUDGEMENT

(1.) ON 28.3.1979 Shri Kali Ram Food Inspector also with Dr. J.S. Sohi, Chief Medical Officer went to the Kiryana shop of Jagdish accused at Karnal and purchased a sample of 600 grams of jeera from the bulk of 30 Kgs. The sample was divided into three equal parts which were sealed in three separate dry and clean bottles as per rules. One of the samples was sent to the Public Analyst for analysis while the other was deposited with the Local Health Authority. The Public Analyst vide his report Ex. PD found the sample of jeera to be adulterated as it contained 6.9% of edible seeds other than cumin seeds against the maximum prescribed standard of 5% and also due to the Presence of two living meal worms. On receipt of this report, a complaint under Section 16 (1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act') was instituted against the accused respondent by Shri Kali Ram Food Inspector.

(2.) THE complainant in support of its case examined himself and Dr. J.S. Sohi PW2.

(3.) THE learned Chief Judicial Magistrate, Karnal vide his order dated 13th July, 1983 convicted the accused of the charge under Section 16 (1) (i) read with Section 7 of the Act and awarded six months, rigorous imprisonment besides imposing a fine of Rs. 1,000/- or in default of payment thereof, to farther suffer four months, rigorous imprisonment. On appeal, the learned Sessions Judge, Karnal acquitted the accused-respondent of the above-referred charge by holding that the sample of jeera was not taken after proper mixing of the bulk quantity of jeera and that due to delay in examination of the sample the possibility of the sample having been infested with meal worms after its purchase by the Food Inspector cannot be ruled out.