PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was convicted for an offence under Section 7 punishable under Section 16(1) (a)(1) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one month by Chief Judicial Magistrate, Ambala. The appeal filed by the petitioner was dismissed by the Sessions Judge, Ambala on 8.9.1986; hence this revision petition.

(2.) BRIEFLY , the facts of the case are as follows On 11.1.1979 at 2.30 P.M., Sh. R.C. Chopra, Government Food Inspector (hereinafter referred to as Inspector) accompanied by Dr. M.K. Kaushal, Medical Officer, visited the Karyana shop of Siri Ram situated at Barwala. Siri Ram was found in possession of about 40 bags of Krishna Brand salt contained in polythene bags of 700 grams each for public sale. The Inspector disclosed his identity and served notice Ex. P.A. upon Siri Ram. Thereafter he purchased three bags of salt for analysis on payment of Rs. 1.20 P. vide receipt Ex. P.B. Karnali Singh, PW, was also associated. The said bags were put into three dry and clean packets, which were then stoppered, labeled and wrapped in a thick khaki paper, twinned with thread and scaled with the seal of the doctor and the Inspector. A paper slip issued by the Local Health Authority was pasted on each packet. Thumb impressions of Siri Ram were obtained in such a manner that the same partly appeared on the paper slip and partly on the outer cover of the packet. One such sealed packet alongwith the memo in form VII was sent to the Public Analyst, Haryana through Sadhu Ram S.S.K. from the office of civil hospital, Kalka. Remaining two bags alongwith two copies of memos in form VII were deposited with the Local Health Authority. A copy of the memo in form VII was sent to the Public Analyst separately through the same messenger. Spot memo Ex. P.C. was prepared which was attested by Siri Ram and the PWs.

(3.) WHILE taking sample Siri Ram accused had produced bill Ex. P.D. showing the purchase of salt from Pawan Kumar Aggarwal. Consequently, notice under Section 14 of the Act was sent to Pawan Kumar Aggarwal who did not send any reply. Thus, the complaint Ex.P.H. was filed by the Inspector against both the accused. Copy of the report of the public analyst was also supplied to both of them, vide letter Ex. P.C.