NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed against the order dated 30th March, 1987 passed by the Additional Sessions Judge in an appeal against the conviction and sentence of the petitioner vide judgment dated 9th December, 1986 under section 16(1))(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The petitioner had undergone trial in the Court of Chief Judicial Magistrate, Hissar.

(2.) THE prosecution alleged that on 18th June, 1983 at about 1.30 P.M. Abhey Ram, Government Food Inspector along with Dr. O.P. Sarwal, Deputy Chief Medical Officer and one Balraj inspected the shop of the petitioner known as 'Nand Pan Bhandar' situated at Nagori Gate Hissar. The petitioner was said to be having 48 bottles of carbonated water for sale. The Food Inspector gave notice Exhibit P.A. in writing to the petitioner and demanded a sample of carbonate water. Out of the said 48 bottles of carbonate water, Food Inspector purchased 1800 ml. of carbonate water for analysis for a consideration of Rs. 4.50. The sample was divided into three equal parts and each part was put in a separate dry and clean bottle. These three bottles were labeled, stoppered, securely fastened and thereafter wrapped in strong thick paper secured by means of paper slip of local health authority and twine. The bottles were sealed with distinct seal of Food Inspector and Dr. O.P. Sarwal at the spot. Spot memo. Exhibit P.C. was prepared. One sealed bottle was sent to the Public Analyst with a memo in Form VII in a separate sealed cover. The other two bottles of sample along with two copies of memo in Form No. VII bearing the seal impression were handed over to local health authority on 16th June, 1983. Report of the Public Analyst is Exhibit P.D. and it indicates that the sample of analysis was found to contain sacharine 410 PPm. against the maximum prescribed standard of 100 PPm and thereby the accused has committed the said offence.

(3.) REPORT of the Public Analyst was sent by local health authority to the petitioner vide its letter dated 3rd August, 1983 as required under section 13(2) of the Act. There was no request on the part of the petitioner for sending the second part of the sample to the Director, Central Food Laboratory, Ghaziabad during the trial. Food Inspector Abhey Ram was examined as P.W. 1 and he supported the prosecution version as narrated above. After hearing the parties, a prima facie case was found to have been made out under Section 16(1)(a)(i) read with section 7 of the Act and a charge was framed against him accordingly. The petitioner pleaded not guilty and thus claimed trial.