BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition filed by Bhim Singh, Gurmohan and Rajbir against their conviction and sentence of rigorous imprisonment for one year and a fine of Rs. 1,500/- in default further rigorous imprisonment, for six months each under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. An appeal was carried to the Court of Sessions where it failed substantially inasmuch as the sentence of imprisonment of the petitioners was reduced to rigorous imprisonment for nine months each. The petitioners came up in revision in this Court.

(2.) BHIM Singh and Gurmohan petitioners are liquor licensees of a country-made liquor vend in Anaj Mandi Gate in Narwana while Rajbir petitioner in their salesman. Food Inspector Ram Singh PW1 along with Dr. B.K. Madhok Chief Medical Officer PW2 and Dr. M.L. Sharma Senior Medical Officer of General Hospital PW3 inspected the vend where Rajbir petitioner was present. The Food Inspector purchased one bottle of country-made liquor known as Kesar Kasturi for Rs. 16 from Rajbir petitioner vide receipt Exhibit PB. The bottle was sealed. The seal was opened and contents of the bottle were divided into three equal parts and transferred into three different bottles. One of the samples was sent to the Public Analyst. According to the report of the Public Analyst. Exhibit PD, the strength of the sample was found 46.12 gp. as against 50 gp. prescribed under the rules. A complaint was filed by the Food Inspector against the petitioners. Consequently, they were convicted and sentenced as stated above.

(3.) IN view of the above discussion, I give the benefit of doubt to the petitioners and set aside their conviction and sentence. The fine, if realised, should be refunded to the petitioners. Order accordingly.