BANWARI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted for the offence under section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 1000/ - or in default of payment of fine, to undergo further rigorous imprisonment for two months by the learned Additional Chief Judicial Magistrate, Jind. On appeal, his conviction and sentence was upheld by the learned Session Judge, Jind. Hence this revision by the convict.

(2.) THIS petition is to be allowed in view of the principle of law as laid down by this Court in case M/s Sardari Lal and Co. v. State of Punjab, 1983 FAJ 362, wherein it is held that Curry powder and Garam Masala are different articles of food used for different purposes and since no standard is prescribed form Garam Masala, the standard fixed for Curry powder cannot be applied. In the present case also, the sample of Garam Masala was taken, which was found to be adulterated by the Public Analyst on the basis of the standard fixed for Curry powder. Accordingly this petition is allowed and the conviction and sentence as recorded by the Court below is set aside. The petitioner is on bail. His bail -bonds shall stand discharged. Petition allowed.