RAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was initially tried by the Court of Chief Judicial Magistrate, Kaithal for having committed an offence punishable under Section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for possessing adulterated sugar for the purpose of preparing sweets meant for public sale. The Trial Court held the accused guilty of having committed the aforesaid offences vide judgment dated 12.2.2002 and sentenced him to undergo rigorous imprisonment for a period of one year and also imposed a fine amounting to Rs. 1,000/-.

(2.) Aggrieved by the aforesaid judgment, the petitioner challenged the same by way of filing an appeal but the said appeal was dismissed by the Additional Sessions Judge, Kaithal vide judgment dated 30.1.2006 upholding his conviction. By way of filing the present revision petition, the petitioner has again assailed his conviction by challenging the judgment dated 30.1.2006.

(3.) The case of prosecution, in nut-shell, is that on 27.9.1997, Shri N.D. Sharma, Govt. Food Inspector along with Dr. R.C.Mittal inspected the shop of the accused who was found in possession of two kilograms of sugar kept for preparing sweets meant for public sale. A sample was drawn from the said sugar and was divided into three equal parts and put in three empty bottles, which were duly stoppered, labelled and sealed. Upon getting the sample of sugar analyzed from the Public Analyst, Karnal, Haryana, the same was found to be not conforming to the prescribed standards as the 'extraneous matter' was found to the extent of 0.3% as against the maximum prescribed limit of 0.1% for sugar under Item No.A.07.01 of the Prevention of Food Adulteration Rules, 1955 and thus, was found to be adulterated.