KRISHAN KUMAR NARANG Vs. STATE (UNION TERRITORY) CHANDIGARH

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated 6.4.1991 of the Additional Sessions Judge, Chandigarh whereby appeal of the petitioner against the order dated 9.2.1989 of the Chief Judicial Magistrate, Chandigarh was dismissed. Vide order dated 9.2.1989, the Chief Judicial Magistrate, Chandigarh convicted the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced him to undergo RI for a period of six months and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo RI for three months.

(2.) THE prosecution case in brief is that on 16.5.1986, at about 9.30 a.m. Food Inspector Vireshwar Singh inspected the shop of the petitioner. The shop was being run under the name of M/s. British Confectioners Cold Drinks, Booth No. 10, Sector 38 -A, Chandigarh. Petitioner was found in possession of 5 kilograms of Ajwain kept for sale. Notice Ex.PA was served on the appellant. Ajwain was mixed and 600 grams of Ajwain was purchased by the Food Inspector on payment of Rs.2.10. Receipt Ex.PB was signed by the petitioner. Ajwain was divided into three equal parts and put in three bottles. Paper -slips were pasted on the bottles. Memo Ex.PC was prepared. Requisite copies of Form -VII were prepared on the spot. One sealed bottle and one copy of Form -VII were sent to the Public Analyst for analysis. The Public Analyst vide his report Ex.PD, stated that "Inorganic extraneous matter of the contents of the sample is 20.63 percent and organic extraneous matter of the contents is 4.69 percent against the maximum prescribed standard of 3 percent & 2 percent respectively. Contents also contained a large number of slack small dead insects having wings."

(3.) THE prosecution to prove its case, brought into the witness -box PW1 Vireshwar Singh Food Inspector and P W2 Ganga Yadav. Santosh Kumar, an independent witness, was given up by the prosecution as having been run over (won over?) by the accused.