NANDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE brief facts leading to the filing of the present petition are that on 29th December, 1981, Food Inspector Amar Nath Gupta went to the premises of the petitioner in the company of Dr. Jia Lal and found him in possession of three kilograms of 'Balu Shahi' which was meant for sale. The Food Inspector after disclosing his identity, purchased 1500 grams of 'Balu Shahi' by way of sample, for analysis and the article so purchased was divided into three equal parts and was sealed into three dry and clean bottles as per rules. One sealed bottle was sent for analysis to the Public Analyst, Haryana, Chandigarh, while the other two sample bottles were deposited with Local Health Authority. The Public Analyst vide report Ex. PD found the Balu Shahi to be adulterated as unpermitted orange coal-tar dye had been used in the preparation of 'Babu Shahi'. Copy of the report was sent to the petitioner and complaint was presented in Court.

(2.) THE prosecution examined Food Inspector Amar Nath Gupta as PW 1 and Dr. Jia Lal as PW 2. The petitioner in his statement under Section 313 Cr.P.C. denied the allegations against him and pleaded that in fact sample was not taken from his shop. It was taken from his neighbour's shop and he was asked to sign certain papers as a witness. The petitioner after trial was held guilty for an offence under Section 16(1)(a)(i) of the Food Adulteration Act, 1954 (for short 'the Act') and was sentenced to undergo rigorous imprisonment for a period of six months and a fine of Rs. 1000/- by Chief Judicial Magistrate, Bhiwani vide his judgment dated 5th June, 1986.

(3.) I have heard Mr. I.S. Balhara, Advocate, with Mr. Raj Singh Chahar, Advocate, the learned counsel for the petitioner and Mr. S.S. Gill, Assistant Advocate General, Haryana, for the respondent and have perused the record.