SHAMBU DIAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 10th July, 1972 P.W. 1 Megh Nath, Government Food Inspector, accompanied by P.W. 2 Dr. K.C. Singhal and Mool Chand Peon inspected the shop of the accused situated in village Nangal Dargu. After observing usual formalities prescribed under the Prevention of Food Adulteration Act, 1954 (for short the Act) and Prevention of Food Adulteration Rules, 1955 (for short the Rules), the Government Food Inspector purchased 450 grams of ajowan from the accused out of about 2 Kgs of ajowan contained in a pipi. He divided the purchased quantity of ajowan into thee equal parts and each part was separately put in one clean and dry bottle. The bottles were then duly stoppered, labeled and fastened. One part of the sample along with Form VII was sent to the Public Analyst. A copy of Form VII with the impression of seal used was separately sent under registered post to him. The public Analyst vide report Exhibit PD opined that the sample contained 14.1% organic extraneous matter as against the maximum prescribed standard of 3%. On receipt of the above report the Government Food Inspector filed a complaint against the petitioner.

(2.) THE petitioner, when examined under section 313, Criminal Procedure Code, denied the persecution allegations and pleaded that he was not carrying on any shop. In his defence the had examined D.W.1 Ram Kumar and D.W.2 Umrao, who have supported his plea.

(3.) TO appreciate the arguments advanced by the learned counsel for the petitioners, it is necessary to reproduce here clauses (1) and (m) of section 2(ia) of the Act.