RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Gopal has filed the present revision petition challenging judgment dated 10.4.2010 passed by the Court of learned Additional Sessions Judge, Faridabad, whereby his appeal challenging his conviction for offence under Section 7 punishable under Section 16(1)(a)(i) read with of Prevention of Food Adulteration Act, 1954 (for short, 'PFA Act'), has been dismissed.

(2.) Shorn of unnecessary details, the case of prosecution is that on 21.5.2000 at about 2 PM the Government Food Inspector (for short, 'GFI') inspected the premises of the accused who was found in possession of 30 KG of 'desi ghee' for public sale contained in a 'patila'. The GFI, after giving notice in writing, purchased 600 ML of 'desi ghee' after mixing the 'ghee' contained in 'patila'. The purchased ghee was divided into three equal parts and put into three separate bottles which were duly stoppered labelled and sealed. The Food Inspector was accompanied by Dr. Sudhir Khurana, Medical Officer (PW-3). One of the sealed bottle containing 'ghee' was sent for analysis to the office of Public Analyst. The Public Analyst vide his report(Ex.PE) found that the sample does not conform to the specified standards of Ghee as laid down under item No.A.11.02.21 of the PFA Rules, 1955 inasmuch as the Reichert value was found to be 5.83 i.e below the minimum specified limit of 28. Hence the sample of ghee was opined to be adulterated.

(3.) Upon receipt of the report of the Public Analyst, the GFI instituted a complaint in the Court of learned Chief Judicial Magistrate, Faridabad. After recording pre-charge evidence, charges were framed against the accused on 7.2.2005 by the learned Chief Judicial Magistrate for the offence under Section 7 punishable under section 16(1)(a)(i) of the Act, to which the accused pleaded not guilty and claimed trial.