SUBHASH CHANDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner has filed the present revision petition against the judgment dated 14.12.2006 passed by learned Addl. Sessions Judge, Sonepat, whereby his appeal against the judgment of conviction and order of sentence dated 14.10.2005 passed by learned Sub Divisional Judicial Magistrate, Gohana, was dismissed.

(2.) The judgment dated 14.10.2005 passed by learned Sub Divisional Judicial Magistrate, Gohana, was made the subject matter of appeal before the learned Addl. Sessions Judge, Sonepat, who vide order dated 14.12.2006, while maintaining the conviction of the petitioner, reduced the sentence from one year to six months and to pay a fine of Rs.2000/- under section 16(1)(a)(i) of the Act.

(3.) Briefly stated, the prosecution case is that on 30.09.1996, the then GFI (Govt. Food Inspector), Gohana, Shri A.N. Sharma, accompanied by Dr. Shayam Sunder Gupta, Medical Officer of CHC Gohana, inspected the premises of the accused-petitioner Subhash Chander located at Railway Road, Gur Mandi, Gohana at about 2.00 P.M. and found him in possession of about 03 kilograms of 'Moong Dal' for public sale contained in a wooden rack. After serving notice on prescribed Form-VI (Ex. PA) GFI Shri A.N. Sharma demanded a sample of Moong Dal. 600 grams of Moong Dal was purchased. After mixing the whole contents properly and making them uniform for analysis purchased, for an amount of Rs.14.40 vide receipt Ex.PB, which was divided in three equal parts and put in three different dry and clean bottles. Same were then sealed, labelled and wrapped as per rules. Each bottle was then secured by means of strong twine and sealed with the seals of Medical Officer and the Food Inspector at the spot. Signatures of the petitioner-accused were obtained in such a manner that both the paper slip and the wrapper on each sealed bottle carried part of signature. One sealed bottle along with a copy of Form-VII with specific impressions of seal used, to seal the bottle and box, were sent to the Public Analyst, Haryana, at Karnal for analysis through railway parcel. Another copy of memo along with impressions of seal used was sent separately by registered post to Public Analyst, Haryana with intimation to the Local Health Authority, Sonepat. Other two sealed sample bottles along with copied of memo in Form VII were deposited with LHA, Sonepat.