LAWS(P&H)-1997-9-149

STATE OF PUNJAB Vs. RAMAN KUMAR

Decided On September 29, 1997
STATE OF PUNJAB Appellant
V/S
RAMAN KUMAR Respondents

JUDGEMENT

(1.) AFTER hear­ing an application for grant of leave to appeal under Section 378, Cr. P.C against a judgment of acquittal, a Division Bench of this Court on May 18, 1992 ordered as under:

(2.) THIS is how this appeal has come up for hearing before us.

(3.) DHANI Ram, Food Inspector (P.W. (1), stated on oath before the trial Court that on 1-3-1988, when he was posted as Food Inspector for the entire local area of District Hoshiarpur vide Punjab Govern­ment Notification No. E-4-1-Pb-73-187, dated 7-12-1973 under Section 9 of the Act along with Dr. H.P. Bhatia (P.W- 2) in­spected the shop of the accused-Raman Kumar at Krishan Nagar, Hoshiarpur. He further stated that he disclosed his identity to the accused and showed his intention to have the sample of the food articles. He tried to join independent witnesses but no one was available and in that event he requested Dr. H.P. Bhatia to become a witness for which Dr. Bhatia agreed. The accused Raman Kumar was found having in his possession 12 packets containing 100 grams each which were wrapped in polythene wrappers and on which it was printed as M and S Kashmiri Mirch Chillies Powder M.S. Company Delhi Trade Mark. The same packets were kept by the accused in his shop for sale for human consump­tion. He served a notice Ex. P.A. on the accused. It was signed by the accused and attested by the witness. Out of 12 packets aforesaid, he purchased 6 packets for Rs. 181- vide receipt Ex. PB which was signed by the accused and attested by the wit­nesses. The accused produced no bill of purchase and also did not produce any food licence under the Act for the year 1987-88. The purchased packets were made into three packets containing two packets in each parcel. Each parcel was labelled wrapped in a strong thick khakhi paper and a paper slip bearing serial No. 25529, Code No. JN/87/88 and signatures of the LHA Hoshiarpur were pasted on each parcel lenghtwise covering top and bottom of each parcel and making the ends of slip join with the help of gum. Each sample parcel was fastened with a strong thread and was sealed with his own seal bearing letters D. Ram at four distinct places as prescribed. Each sample parcel was got signed by the accused in such a way that one portion of the signature was on the slip and the other portion on the wapper. He also signed in the same manner and put his sample number as DR-83/88/H. He prepared spot memo. Ex PC which was signed by the accused and at­tested by the witnesses. One sealed sample parcel was sent to the Public Analyst, Pun­jab, Chandigarh in a sealed packet along with memo on Form 7 bearing his Food Inspector seal impression through Shri Bhuja Ram SSK and a separate memo on Form 7 bearing his seal impression were deposited to seal the sample was also sent to the Public Analyst, Punjab, Chandigarh in a sealed envelope separately through the same messenger under intimation to LHA Hoshiarpur. Remaining two sealed por­tions of the sample along with two memos on Form 7 bearing his seal impression were deposited with the LHA Hoshiarpur in a sealed packet on the same day. On receipt of report of Public Analyst, Punjab, Chandigarh Ex. PD through LHA Hoshiarpur, the samples of Chilly Powder were found adulterated. Consequently, a complaint was filed by him in the Court for prosecution of the accused.