PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision against the judgment dated 3.9.1992 of the Additional Sessions Judge, Jagadhri, affirming the judgment/order dated 11.1.1991/14.1.1991 of the Sub Divisional Judicial Magistrate, Jagadhri, whereby he convicted Pawan Kumar son of Lal Chand under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced him to undergo R.I. for six months and to pay a fine of Rs.1,000/-, in default to further undergo R.I. for three months.

(2.) The case of the prosecution, is that on 7.5.1986 at 11.20 a.m., Food Inspector along with Dr. A.Narain visited the shop of petitioner Pawan Kumar in the area of Gopi Market, Jagadhri. He was found in possession of 5 Kg red chilli powder (Lal mirchi). Notice Ex.PA was given and 450 grams of the chilly powder was purchased. The purchased chilly powder was divided into three parts and was put into three dry and clean bottles. The bottles were labelled and securely fastened and were wrapped into thick khaki paper. Seal was put on the bottles. One sample was sent to the Public Analyst, Haryana and the remaining two samples with form VII were sent to Local Health Authority, Jagadhri. As per the report of the Analyst, the chilly powder was found adulterated. The prosecution to prove its case brought into the witness box Dr. Akkhlesh Narain as PW1, J.S.Chauhan Food Inspector as PW2 and C.K.Shukla as PW3.

(3.) Learned counsel for the petitioner has argued, that Food Inspector J.S.Chauhan PW2 was not authorised to take the samples. Petitioner was not running the shop and it was his father, who was doing the business of Karyana merchant. Petitioner was only sitting there, as his father had to do some work. The independent witness Beni Parshad, who was allegedly present at that time, was not examined by the prosecution. The testimony of the official witnesses cannot be relied upon. They are only interested in the conviction of the petitioner. The independent witness Beni Parshad appeared as DW2 and stated, that he was present at the time of taking sample by the Food Inspector and the petitioner/accused had clearly told the Food Inspector, that he was sitting because his father had gone to do some work. Chilly powder was not mixed before taking the sample. J.S.Chauhan Food Inspector PW2 did not comply with the provisions of the Prevention of Food Adulteration Act.