CHANDER PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed by the appellant for setting aside the judgment and order of the Appellate Authority dated 11.9.1998 reducing his conviction and sentence awarded under Section 16(1A) of the Prevention of Food Adulteration Act, 1954 by the learned trial Court.

(2.) THE facts of the case, briefly stated, are that Shri O.P. Gautam, Food Inspector duly appointed as such, inspected the shop of the accused under the name and style of M/s. R.K. Karyana Store, Booth No. 49, Sector 38 (West), Dadu Majra Colony, Chandigarh on 22.5.1992 at about 9 A.M. He was found to be having in his possession about 60 Kgs. of Arhar Dal for sale, which was kept in a bag. Food Inspector demanded a sample of the said Dal Arhar by giving notice Ex. PA in writing on form VI prescribed under the Prevention of Food Adulteration Rules, 1955. He purchased 600 grams of Arhar Dal for the purpose of analysis from the vendor after making homogeneous for Rs. 9/- vide receipt Ex. PB. The said sample was dividing into three equal parts and was put into three dry and clean bottles. The bottles were labelled, stoppered, secured, fastened and then wrapped in a strong thick paper. The paper slip having S.No. 6061 and Code No. D-12/62 and signatures of Local Health Authority, Chandigarh was further wrapped around the sample from bottom to top pasted with the gum. The bottle was secured by means of strong twine thread and sealed with four distinct seals. The signatures of the vendor from whom the sample has been taken was affixed in such a manner that paper slip and the wrapper both carry a part of signatures. One sealed bottle of the sample was sent to the Public Analyst, Chandigarh alongwith the copy of memorandum form VII in a sealed packet by hand. A copy of the memorandum and specimen impression of the seal used to seal the bottle was also given to the Public Analyst in a sealed envelope separately under intimation to the Local Health Authority. The remaining two sealed samples were handed over to the Local Authority, Chandigarh for custody alongwith the two copies of memorandum in a sealed cover. The sample was taken in the presence of the witnesses.

(3.) THE prosecution examined PW1-O.P. Gautam, Food Inspector, P.W. 2 Surinder Kumar, Assistant Office of Local Health Authority, and PW-3-Dr. Hargobind Singh and after tendering into evidence certain documents and closed its evidence.