KRISHAN Vs. STATE THROUGH GOVT. FOOD INSPECTOR, ROHTAK

JUDGEMENT

(1.) By filing the present criminal revision, the petitioner has assailed the judgment dated 19.07.2016, vide which, learned Addl. Sessions Judge, Rohtak, upheld the judgment dated 05.02.2016 and order of sentence dated 08.02.2016, passed by learned Chief Judicial Magistrate, Rohtak, whereby, the petitioner was convicted under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1955 (for short 'the Act') and sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs. 1000.00 and in default of payment of fine, to further undergo simple imprisonment for 15 days.

(2.) The facts as culled out from the judgment of the trial Court are that on 02.11.2010 at about 4.30 p.m. Om Kumar being Govt. Food Inspector of District Rohtak inspected the premises of the petitioner and he was found possessing six kilograms of burfi khoya contained in an aluminium tray. He demanded the sample of aforesaid sweet by giving notice in writing to him. 1500 grams of aforesaid sweet was purchased against Rs. 240.00. The sweet was divided into three parts and put in three empty, dry and clean bottles. Forty drops of 40% formalin were added as preservative in each bottle. Samples were wrapped in khakhi paper on the neck and were sealed after pasting both the ends with gums etc. A paper slip was pasted which was got duly signed by Local Health Authority on each sample. The samples were sent for analysis. However, the same was found to be adulterated as starch and excess fat was found in the aforesaid sweet.

(3.) The accused/petitioner was charge-sheeted under Sec. 7 of the Act, to which he pleaded not guilty and claimed trial.