STATE OF HARYANA Vs. SAT NARAIN

JUDGEMENT

(1.) STATE of Punjab has preferred the present appeal against the impugned judgment of learned Judicial Magistrate Ist Class, Panipat dated 28.11.1992, vide which respondent-Sat Narain has been acquitted of the charge of Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act").

(2.) THE prosecution case, in short, is that on 17.9.1986, Shri S.D. Gupta, Food Inspector along with Dr. H.M. Lal, Medical Officer, Primary Health Centre, Madlauda Inspected the shop of the respondent and found him in possession of Haldi powder for public sale. The Food Inspector disclosed his identity and desired to take sample of Haldi for the purpose of analysis. A notice was served upon the respondent and thereafter the Inspector purchased the Haldi powder containing 600 gms after making the payment for the purpose of analysis. After mixing it properly, the other formalities of dividing into there parts and thereafter put it in the dry and clean bottles were done. The other required formalities were also done by the Food Inspector. The sample was sent to the Public Analyst, Haryana through registered post and after the receipt of report Ex.PD, the complaint was consequently filed against the respondent.

(3.) THE learned trial Court after appreciating the entire evidence on file, acquitted the respondent on the ground that the sample allegedly taken from the shop of the respondent was within the prescribed limit of purity prescribed under the Act and if the sample was not conforming to the standard of purity prescribed for Haldi powder then mere presence of tapioca starch in the absence of its quantity either by weight or percentage cannot be taken as a ground to say that the sample is adulterated. Hence, this appeal.