SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT petition has been filed against the judgment of conviction and order of sentence dated 09.05.2007 passed by the Additional Sessions Judge, Faridabad, vide which the appeal against the judgment dated 17.10.2006 passed by the Chief Judicial Magistrate, Faridabad (hereinafter referred to as "the trial Court") was dismissed on merits but the sentence awarded to the petitioner by the trial Court, vide judgment dated 17.10.2006 was reduced from one year to six months.

(2.) AS per the prosecution story, a complaint was instituted on 21.04.1997 by G.F.I Subhash Chand that he along with Dr. Ashok Gupta, Medical Officer, B.K. Hospital, Faridabad inspected the premises of the petitioner after disclosing their identity. They found the petitioner in his possession two kgs tea contained in polythene bag for public sale. He was served with a notice on form VI which is Ex PA by G.F.I in the presence of Dr. Ashok Gupta. 450 grams tea was purchased from him on payment of Rs.45/ - and after mixing the whole contents uniformly, G.F.I took the sample and divided the same into three equal parts and sealed the name into clean dry bottles as prescribed in the complaint. One bottle was sent to the Public Analyst Haryana, Chandigarh for analysts and report to the effect that "The sample contains 393 PPM of iron fillings against the maximum limit of 250 PPM. Copy of the said report was sent to the petitioner with a forwarding letter through registered post and then complaint was filed.

(3.) THE accused was summoned and after going through the pre -charge evidence, he was served with a notice of accusation punishable under Sections 16(1)(a) (i) of the Prevention of Food Adulteration Act on 16.11.2014, to which he pleaded not guilty and claimed trial. Statement of accused under Section 313 Cr.P.C was recorded wherein entire incriminating evidence appearing against him was put to him, however, he denied the same. No evidence in defence was led by the petitioner. The trial Court after going through the entire evidence led by the prosecution, convicted and sentenced the accused -petitioner in the aforesaid terms.