HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARBANS Singh petitioner has been convicted under Section 16(1) (a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short the Act) and sentenced to undergo six months simple imprisonment and a fine of Rs. 1000/ - by the trial Court. His conviction and sentence has been maintained in appeal by the Additional Sessions Judge,Hoshiarpur.

(2.) THE broad outline of the prosecution case is that on 14th January, 1983. Dr. D.V. Salwan, Government Food Inspector accompanied by Dr. Naranjan Singh and others visited the premises of Harbans Singh petitioner known as Guru Nanak Sweet Shop situated at Roshan Road, Hoshiarpur, and purchased 450 gms of 'Chattni' from him for analysis. A part of the sample taken was sent to the Public Analyst who vide his report Ex. PF found the same to be adulterated as it contained a non permitted acid coaltar dye of orange colour. The case against the petitioner rested primarily on the testimony of the Food Inspector and Dr. Naranjan Singh. The petitioner denied the prosecution allegations and examined five witnesses in defence.

(3.) THE main plank of the argument advanced on behalf of the defence is that there being no standard prescribed for 'Chattni' conviction of the petitioner cannot be sustained. In support of this contention reliance was, placed on a Supreme Court decision in Jagdish Chandra v. State of U.P. 1981(1) F.A. C. 33 and a Single Bench decision of this Court in M/s. Garg Masala Company v. State of Punjab. 1983(1) F.A.C. 47, Mr. H. S. Mann Advocate for the State. could not raise any meaningful challenge to the contention of the learned defence counsel. In the face of this flaw and snag there is no escape from the conclusion that there is no standard of quality or purity prescribed for 'Chattni' and therefore, the prosecution of the petitioner under Section 16 of the Act was uncalled for. On this short ground alone, the revision petition must succeed. Accordingly I allow this revision set aside the conviction and sentence of the petitioner and acquit him of the charge. Fine, if paid, shall be refunded to him.