LAWS(P&H)-1987-5-5

ROSHAN LAL Vs. STATE OF HARYANA

Decided On May 22, 1987
ROSHAN LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) ON 11-12-1980, Food Inspector Satpal Malik, accompanied by Dr. R. K. Sharma, the then Deputy Chief Medical Officer (Health), Gurgaon, came to the business premises of the petitioner and served notive Ex. P. A. , after disclosing his identity. The Food Inspector then purchased 600 grams of Bura from one of the two gunny bags, lying there. These gunny bags contained 90 kg. of Bura each. Payment of Rs. 3/60 paise was made by the Food Inspector to the petitioner vide receipt Ex. PB. for the purpose of analysis. The sample was divided into 3 equal parts and made into sample bottles, as per memo Ex. PC which was attested by Ram Parkash, an independent witness, associated by the Food Inspector from there.

(2.) ONE of the sealed bottles was sent to Public Analyst and report Ex. PC was received According to the report, the sample contained 437 PPM (parts per million) of sulphur-dioxide against maximum prescribed standard of 70 PPM. The Food Inspector filed this complaint against the petitioner, as well as the firm.

(3.) INTIMATION for launching the prosecution and the petitioner's right to get the sample analysed from the Director, Central Food Laboratory, Gaziabad was given to the petitioner vide letter dt. 26-2-1981, Ex. PF.