STATE OF HARYANA Vs. HARI RAM

JUDGEMENT

(1.) RESPONDENT Hari Ram was prosecuted under sections 7/16 of the Prevention of Food Adulteration Act (hereinafter called the Act) and vide order dated 5th June, 1981 he was acquitted of the charge on the ground that neither Shri Balwant Singh, the complainant and the Govt Food Inspector was present nor Shri Sant Lal, who was said to have been posted in place of Shri Balwant Singh attended the Court on the said date and also there was no evidence on the record to connect the respondent with the commission of the offence.

(2.) THE State of Haryana has filed this appeal against acquittal on the ground that Shri Balwant Singh had been transferred and in his place Shri Sant Lal had taken over. It is further alleged that Shri R. K. Sood Food Inspector was present on the date fixed and had informed the Court that Shri Sant Lal, Government Food Inspector had been detained by the Chief Medical Officer, Rohtak in some urgent case and a request was made to the Court to grant the prosecution an opportunity to produce the evidence but instead of accepting the request, the respondent was acquitted.

(3.) COUNSEL for the State has argued that the complaint was presented on 2nd May, 1980 and the respondent was summoned for 13th June, 1980 on which date the respondent was directed to furnish bail bond in the amount of Rs. 2000/ - with one surety in the like amount and the case was adjourned to 8th August, 1980 for evidence. The statement of the complainant (Food Inspector) was recorded on the last date and the evidence was closed for the purposes of charge, case was adjourned to 22.8.1980 and on that date a prima facie case having been made out, the respondent was charged under Sections 7/16 of the Act and the case was adjourned to 19th September. 1980 for evidence of the prosecution. The order of 19th September, 1980 shows that the complainant was not present but was earlier examined as P.W. 1 before the charge was framed. Counsel for the respondent raised an objection that piecemeal evidence be not recorded and thereupon the trial Court discharged the P. Ws. and directed the P Ws. to appear on 5th December, 1980 on which date Balwant Singh Food Inspector was present but the order shows that no P.W. was present and summons had not been received back. This order further shows that P Ws. were directed to be summoned for 16th January, 1981. The order of 16th January, 1981 also shows that Balwant Singh P.W. was again present but no other evidence was present and they were directed to be summoned for 13th February, 1981. On 13th February, 1981 presence of Sant Lal, Government Food Inspector is recorded but as summons of the PWs. had not been received back they were directed to be summoned for 9th April, 1981 on which date Shri R. K. Sood, Government Food Inspector was present Balwant Singh P.W. 1 was also present. Again an objection was raised by the counsel for the respondent that piecemeal evidence should not be recorded and this objection was upheld and the P. Ws. present were discharged. The P.Ws. were again directed to be summoned for 5th June, 1981 on which date the impugned order was passed.