HARISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein was convicted under section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act') on a complaint filed by the State. He was sentenced to undergo rigorous imprisonment for a period of six months and pay fine of Rs. 1,000/-. The judgment of Chief Judicial Magistrate, Karnal was upheld in appeal by Additional Sessions Judge, Karnal.

(2.) The case set up by the complainant against the petitioner was that on 25.6.1993, when the shop of the petitioner was inspected, he was found in possession of 3 kgs. of Lal Mirchi powder. It was kept in a tin for public sale. Sample of the same was drawn on payment of the cost thereof. It was properly packed and sent for inspection. As the product was found to be adulterated, the complaint was filed.

(3.) The trial court convicted the petitioner finding that red chilli powder was meant for sale; sampling was properly done and on testing the same was found to be adulterated. The judgment was upheld in appeal.