BINDRABAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present Revision Petition is directed against the judgment rendered by Additional Sessions Judge Bhiwani dated 8.10.1986 whereby conviction and sentence awarded to the petitioner by Chief Judicial Magistrate, Bhiwani for an offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act was, maintained and his appeal was dismissed.

(2.) THE prosecution case against the petitioner in brief was that on 20-4-1982 Shri Amar Nath Gupta Government Food Inspector inspected the premises of the petitioner in the area of Lohar Bazar Bhiwani alongwith Doctor G. S. Narula and one Jagdish Kumar. The petitioner was found in possession of 30/32 Kilograms of rapeseed oil (Toria Oil unfiltered) for public sale. After disclosing his identity the Government Food Inspector purchased 375 grams of Toria oil for analysis. It was transferred into three dry and clean bottles which were duly scaled. One sealed bottle was sent to the Public Analyst Haryana Chandigarh who reported that sample was not clear and contained suspended matter and further that it contained free fatty acid as oleic acid 7.3 per cent against the maximum prescribed standard of 3 per cent. Since the sample was found to be adulterated,, a copy of the report of the Public Analyst was sent to the petitioner and complaint was filed against him.

(3.) THE contention of the petitioner in his statement under Section 313 Cr.P.C. was that in fact the oil was not meant for sale. It was unfiltered oil having sedimented particles in it and her was falsely involved in the case. Jagdish Kumar supported his defence.