HUKAM CHAND Vs. STATE

JUDGEMENT

(1.) This case raises a question of some importance as well as of interest to the mercantile community. The Government Food Inspector of Kangra at Dharamsala filed a complaint in the Court of the Additional District Magistrate, Dharamsala, against Behari Lal under Section 13(1)(a) of the Punjab Pure Food Act read with rule 18 of the Rules made under the Act.

(2.) The complaint is a printed one and is given as form No. 1. In paragraph No. 1 of this complaint are given the nature of the sample and the person from whom it was taken. In paragraph No. 2 it is mentioned that a certificate of the Public Analyst is attached and paragraph No. 3 runs as under -

(3.) There is a provision made for showing whether there are any previous offences against the accused person or not. The complaint is signed by the Government Food Inspector, Kangra at Dharamsala. Behari Lal pleaded guilty and also stated that be had purchased this turmeric from Messrs Chand Traders of Amritsar, the proprietor of which is Hukam Chand, the petitioner before me, and prayed by an application dated the 18th April 1955 that action be taken against Hukam Chand who had sold the goods to him. On the same day Hukam Chand was ordered to be proceeded against and was called upon to appear on the 25th April 1955. Ultimately Hukam Chand appeared on the 23rd July 1965 and pleaded guilty to the charge. He was convicted and fined Rs. 500/-. He took an appeal to the Sessions Judge who upheld the conviction but reduced the fine to Rs. 250/- and has come up in revision to this Court.