STATE OF HARYANA Vs. RATTAN LAL

JUDGEMENT

(1.) THE accused Rattan Lal was convicted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and was sentenced to undergo six months RI and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo RI for three months vide order dated 16.1.1987 passed by Shri V.S. Malik, Chief Judicial Magistrate, Faridabad. He filed an appeal before the learned Sessions Judge, Faridabad against his conviction and sentence. His appeal was allowed and he was acquitted of the charge.

(2.) THIS appeal has been preferred by State of Haryana against the order of acquittal of the respondent passed by Shri I.C. Jain, Additional Sessions Judge, Faridabad in Crl. Appeal No. 34A of 30.1.1987/6.5.1988 decided on 16.1.1991.

(3.) ON appearance of the accused, he was furnished with a copy of complaint. He applied for re-analysis of the sample and second part of the sample was sent to the Director Food Laboratory, Gaziabad, whose report also opined that the sample was to be adulterated. In pre-charge evidence the Food Inspector Raj Kumar appeared as PW-1. From the documents on record and the statement of the Food Inspector, finding a prima facie case against the accused for an offence punishable under Section 16(1)(a)(i) read with Section 7 of the Act, charge was framed against the accused to which he pleaded not guilty and claimed trial.