STATE OF HARYANA Vs. MUNIM

JUDGEMENT

(1.) THIS petition under Section 378(3) of the Code of Criminal Procedure, has been filed by the State of Haryana for seeking Leave to Appeal against the order dated 14.03.2005, passed by Dr. Abdul Majid, Sub Divisional Judicial Magistrate, Ganaur in Criminal Case No. RT-443/2 of 2001, whereby he has acquitted the accused of the charges under the Prevention of Food Adulteration Act, framed against him.

(2.) IN brief the facts of the case are that on 12.05.1995 at about 6 P.M. Government Food Inspector Shri B.C. Verma, inspected the premises in the area of Village Kheri Road, Ganaur, owned by the accused and found in his possession of 50 sealed packets of lodized Salt Tata contained in a Rack for sale. After disclosing his identity, the Government Food Inspector demanded a sample of the said salt from him and purchased three packets of lodized Salt Tata and divided into three parts. One sample was sent to the Public Analyst, Haryana, Karnal for analysis. As per the report of the Public Analyst, the samples gives 7.4 P.P.M. of lodine content against the minimum specific limit of 15.0 P.P.M. (ii) the batch number, date of manufacturing were not printed on the label as required under clauses (e) and (f) of Rule 32 of the P.F.A. Rules, 1955 and thereby contravened the provisions of Section 7 of the PFA Act, 1954 punishable under Section 16(1) and under Section 16(1)(a)(ii) of the said Act.

(3.) TO bring home the guilt against the accused, the complainant GFI besides himself appearing in the witness box a PW-3, examined J.R. Bansal PW- 1, and Ashok Kumar PW-2.