MOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petitioner was convicted under section 16(1)(a)(i) of the Prevention of Food adulteration Act, 1954, by the learned Sub Divisional Magistrate, Palwal and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000/-. In default of payment of fine the petitioner was further ordered to undergo rigorous imprisonment for six months. The petitioner filed appeal which was heard by the learned Additional Sessions Judge, Faridabad. He maintained the conviction of the appellant but reduced the sentence to rigorous imprisonment to six months. The fine was also reduced to Rs. 1,000/-. The petitioner has now come to this Court in revision.

(2.) THE prosecution case in brief is that on 14th October, 1978, P.W. 1 Shri B.C. Verma Government Food Inspector accompanied by P.W. 2 Dr. S.P. Tyagi raided the shop of the petitioner situated at bus-stand Palwal. The petitioner, who is carrying on Halwai shop, was found in possession of 6 Kgs. of imported Rapeseed oil contained in a tin which he had kept for preparation of sweets and for sale. After disclosing his identity, the Food Inspector after performing requisite formalities purchased 450 grams of the said oil, on payment of Rs. 2.50. The Food Inspector complied with the other relevant provisions of the Food Adulteration Act 1954 and the Rules framed thereunder in respect of the sample in three parts. He also prepared the requisite documents at the spot. He sent one sealed bottle out of the same for analysis and deposited the remaining two parts of the sample with the Local Health Authority. The Public Analyst vide his report Exhibit PD opined that the sample conformed to the specifications of imported groundnut oil and not imported rapeseed oil. Thereafter, the Food Inspector filed complaint Exhibit PE for prosecution of the petitioner.

(3.) AT the close of the prosecution evidence the petitioner was examined under section 313, Criminal Procedure Code. Complex questions were put to him his examination. One question was to the effect that the Public Analyst had found adulteration in the sample of oil. The petitioner denied that allegation. In his defence, the petitioner examined DW-1 Jai Ram who is Office Secretary of Delhi Vegetable Oil Traders Association (Registered). He has stated on oath that according to the records of the Association, on 14.10.1978 the rate of ground-nut oil was Rs. 6550 per metric ton and that of imported rapeseed oil was Rs. 6050. He has produced copies of the relevant extracts on the record.