STATE OF HARYANA Vs. JAI PARKASH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Haryana against order dated 7.4.1992 passed by Sub Divisional Judicial Magistrate, Mahendergarh, whereby he has acquitted respondent-Jai Parkash.

(2.) A complaint under the provisions of Prevention of Food Adulteration Act, 1954 (herein referred to as "the Act") was filed by the Food Inspector for the local area of Mahendergarh in the Court of Sub Divisional Judicial Magistrate. As per the allegations in the complaint, the Food Inspector found two packets of Hard Boiled Confectionary for sale, contained in a wooden box belonging to the accused lying in the shop-M/s Parkash Confectionary and General Store. The samples of the said Hard Boiled Confectionary was taken and it is alleged in the complaint that there has been contravention of Food (Health) Authority's notification dated 9.7.1986, which provides for restricting the packing and labelling of any article of food and the design of any such package or label with a view to prevent the public or the purchaser being deceived or misled as to the character quality or quantity of the article. The learned trial Court, on the basis of evidence and material on record, held that notification dated 9.7.1986 could not have been issued by the Director, Health Services, Haryana and that it was an exclusive jurisdiction of the Central Government under Section 23 of the Act. It was further observed that the sample sent for analysis was passed by the analyst and the defect that was there was of not mentioning the colour on the wrapper which could only be pointed out by the Central Government under Section 23 of the Act. Accordingly, the accused was acquitted.

(3.) IN response, Shri H.S. Gill, learned Senior Advocate appearing with Shri R.K. Dhiman, Advocate contends that a reading of Section 23 of the Act shows that it is only the Central Government, which is competent to issue the notification for the restrictions as aforenotices.