MUKESH GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mukesh Garg has filed this revision petition challenging judgment dated 22.2.2011 passed by learned Additional Sessions Judge, Faridabad whereby his appeal against judgment dated 12.11.2009 passed by the Court of Chief Judicial Magistrate, Faridabad holding him guilty of having committed an offence under Section 7 punishable under section 16 of the Prevention of Food Adulteration Act, 1954 has been dismissed.

(2.) Shorn of the unnecessary details, the facts are that on 26.12.1999, Govt. Food Inspector(PW-1) inspected the premises of the petitioner and found 10 plastic bottles, each containing half a litre oil, bearing label of Agmark Mustard oil(Surya), manufactured by M/s Roopesh Industries and Oil Mill Bharatpur (Rajasthan), for public sale. Three sealed plastic bottles of said Agmark mustard oil were purchased as samples after issuing notice. The bottles were duly labelled and wrapped in thick paper and were duly sealed. Upon analysis, the sample of mustard oil was found to be not conforming to the prescribed standards. Hence, a complaint was filed in the Court of Chief Judicial Magistrate, Faridabad wherein after recording pre-charge evidence, charges were framed against the accused on 15.5.2008 for offences punishable under Section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954, to which the accused pleaded not guilty and claimed trial.

(3.) The prosecution in order to establish the charges framed against the accused examined PW-1 S.P. Malik, Government Food Inspector; PW-2 A.K.Gupta, Deputy Civil Surgeon, Faridabad and PW-3 Ved Parkash, Deputy Superintendent, Legal Health Authority, Faridabad. The accused, in his statement recorded in terms of section 313 of Cr.PC. denied the prosecution allegations and pleaded false implication. However, the accused did not lead any evidence in his defence.