RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IT is not necessary to narrate the prosecution story in detail as the case is fully covered by the judgment of this court rendered in Criminal Revision No. 705 of 1981 (Maya Ram v. The State of Punjab, decided on 15th July, 1983. Suffice it to say that a sample of Patisa was seized by a Government Food Inspector on 28th October, 1982 from the petitioner. It was sent to public Analyst, who vide report Exhibit PD opined as follows :-

(2.) THE sample was coloured with unpermitted yellow basic coal tar dye. After the receipt of the Public Analyst's report prosecution was launched against the petitioner. On the basis of the report of the Public Analyst the learned trial court convicted the petitioner and sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs 100/-. The appeal filed by the appellant before the learned Sessions Judge, Jind, did not meet with any success.

(3.) THE above observations are clearly applicable to the present case. The Public Analyst has not given any other data in support of his opinion except the paper chromatography test. Accordingly, the present petition succeeds. The conviction and sentence of the petitioner are set aside and after giving him benefit of doubt he is acquitted of the charge. Fine, if paid, be refunded to him.