STATE OF PUNJAB Vs. SUBHASH CHANDER

JUDGEMENT

(1.) This appeal has been filed by the State of Punjab, against the order dated 21-1-1993 passed by the Chief Judicial Magistrate, Gurdaspur, acquitting the accused-respondent of the charge under Section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as the Act).

(2.) The facts which are relevant for the decision of the present appeal are that on 14-7-1987, Dr. Hardeep Singh Bajwa, Food Inspector along with the team of other doctors had visited the shop of accused Subhash Chander and found him in possession of 12 Kgs Saunf in a gunny bag for public sale and human consumption. Dr. Hardeep Singh Bajwa after disclosing his identity and after serving him notice purchased 600 grams of Saunf from accused Subhash Chander after mixing it, for Rs.9.60 and the said Saunf so purchased was divided into three equal parts and the same were sealed as per the rules and one part of the sample was sent to the Public Analyst, Punjab, Chandigarh along with memo in Form VI through special messenger. On receipt of the report of the Public Analyst that the sample contained three rodent excreta, the Food Inspector filed complaint in the court of Chief Judicial Magistrate. The accused was summoned and after recording pre-charge evidence, charge under Section 16(l)(a)(i) of the Act, was framed against him, to which he pleaded not guilty and claimed to be tried and thereafter, the complainant examined PW-1- Dr. Hardeep Singh Bajwa and PW-2 Balwant Singh, Junior Assistant besides tendering affidavit Exhibit -PK of Mehnga Ram. The statement of the accused under Section 313 Cr. P. C. was recorded in which he denied the prosecution allegations against him. He stated that he was innocent and had been falsely implicated in this case. However, he did not produce any evidence in his defence.

(3.) The learned Chief Judicial Magistrate, after hearing both sides and perusing the record, acquitted the accused-respondent of the charge framed against him. Aggrieved against the same, State of Punjab filed the present appeal in this Court.