STATE OF HARYANA Vs. MOHINDER KUMAR

JUDGEMENT

(1.) MOHINDER Kumar, respondent was prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'PFA Act') on the allegations that on 22.8.1986. Food Inspector S.D. Gupta alongwith Dr. O.P. Gogia inspected the Kiryana Shop of the respondent and found in his possession 30 kgs. of Besan contained in a bag for public sale out of which Food Inspector purchased 600 gms. Besan against the payment of Rs. 3/- by way of sample which on analysis by the Public Analyst, Haryana, Chandigarh found to be adulterated and the sample contained 6 living and two dead meal worms.

(2.) TO prove its case, the prosecution has examined Food Inspector S.D. Gupta as PW1 and Dr. O.P. Gogia, PW2. However the eye witness and Rajpal were given up as having been won over by the accused Mohinder Kumar.

(3.) THE learned Judicial Magistrate, after considering the evidence on record, acquitted Mohinder Kumar of the charge vide order dated 28.5.1991. Aggrieved by which, the State has preferred this appeal.