STATE OF PUNJAB Vs. SUBASH CHAND

JUDGEMENT

(1.) THE State of Punjab is aggrieved by the judgment dated 16.4.1993 passed by the Additional Sessions Judge, Ropar, by which the conviction and sentence recorded against the respondent under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") was set aside and the respondent acquitted of the charge framed against him.

(2.) ACCORDING to the complaint filed by Dr. R.K. Jindal, Government Food Inspector, before the Chief Judicial Magistrate, Ropar, on 30th of August, 1990, a sample of Sarson oil was seized from the premises of M/s Subash Karyana Store, Kurali Road, Ropar, a shop owned by Subash Chand respondent after purchasing 600 grams of Sarson oil on payment of Rs. 18/-, out of 5 Kgs. container. The sample was sealed in dry, clean bottles in accordance with the procedure and the rules framed under the Act. One sample was sent to the Public Analyst and after receipt of the report Ex. PF, according to which the contents of the sample contained suspended matter settled at the bottom whereas Sarson oil should be clear and free from such suspended matter, and other tests being in conformity with the prescribed standard, the complaint was filed.

(3.) BEFORE the Additional Sessions Judge this judgment was assailed on three grounds :-