STATE OF HARYANA Vs. GANGA RAM

JUDGEMENT

(1.) STATE of Haryana has challenged the acquittal of Ganga Ram by the learned Sub Divisional Judicial Magistrate, Mohindergarh who vide judgment dated April 23, 1993 found Ganga Ram innocent of contravention of provisions of Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short 'the Act').

(2.) MEGH Nath Food Inspector inspected Ganga Ram's premises situate at village Nangal Sirohi on July 6, 1988 at 4.30 P.M. and found him to be in possession of 2 kgs of "Dal Mung Dhuli" for sale. The Inspector purchased 600 grams of the dal, divided it into three equal parts and put each part into three bottles which were labelled, stopped and wrapped in thick paper. One sealed bottle was sent for analysis to the Public Analyst while the other two bottled were deposited with the local health authorities. On analysis it was discovered that the sample of dal contained prohibited Metanil yellow coal-tar dye. Consequently, a complaint was filed against the respondent.

(3.) THE learned counsel for the State has forcefully argued that the basis for acquittal were not valid as it was settled law that an expert is not required to give reasons for his conclusion and the trial court had wrongly criticised the report of the expert to return the verdict of acquittal. Furthermore, it was argued that the court had failed to appreciate that a note had been given in the complaint to the effect that 3-4 persons were asked to become witnesses but none was willing.