STATE OF HARYANA Vs. RAJENDER PARSHAD

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Sub-Divisional Judicial Magistrate, Gohana dated December 8, 1997 whereby Rajender Parshad, respondent had been acquitted of an offence under Section 7 read with Section 61(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act').

(2.) IT was on October 18, 1993 at about 6 p.m. when a Government Food Inspector inspected the Atta Chakki of Rajender Parshad situated at Baroda Road, Gohana. The respondent was in possession of 50 kgs. of atta for public sale; 600 grams of atta was purchased for the purpose of analysis. The sample was divided into three equal parts and put in three dry bottles. One of the samples was sent to Public Analyst for analysis. It was reported that the sample was adulterated since the analysis revealed presence of six living and three dead weevils.

(3.) IN this case everything depended on the report of the Public Analyst Ex. PH which was to the effect that "the sample is adulterated as it showed the presence of nine insects (six living and three dead weevils) in the entire sample."