KHAZANCHI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE relevant facts which provoke the petitioner to file the present revision petition are that on 30.5.1984 at about 5.30 p.m., Government Food Inspector along with Dr. Santosh Aggarwal visited the Sweet Shop of the petitioner. The petitioner was found to be in possession of 30 kilograms of Laddoos. It had been prepared with vanaspati and had been kept in a plate for sale. One Anand Sarup was joined and the Food Inspector purchased a sample of 600 grams of laddoos against payment. The formalities were completed at the spot. One sample was sent to the Public Analyst. He made a report that sample was prepared in palm oil and not in vanaspati. On receipt of the said report, the Government Food Inspector filed the complaint before the concerned Magistrate on 25.7.1984. A copy of the report of the Public Analyst had been sent to the petitioner. While the trial was pending, the petitioner filed an application requesting the Court to get the second sample sent to the Director, Central Food Laboratory, Ghaziabad. The learned Chief Judicial Magistrate, Jind had sent the second sample to the Director, Central Food Laboratory, Ghaziabad. The report was received from the Central Food Laboratory, Ghaziabad. It was reported :-

(2.) AFTER the trial the learned Chief Judicial Magistrate found the petitioner guilty of having been in possession of Laddoos for sale which showed presence of non-permitted water soluble coal tar colour. The petitioner was convicted under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for a period of 9 months and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for four months. Aggrieved by the said judgment and the order of sentence, the petitioner preferred an appeal in the Court of Sessions. On 9.4.1987 the appeal was dismissed. Hence, the present revision petition.

(3.) RULES 17 and 18 of the Prevention of Food Adulteration Rules are interlinked. They are the part of the same scheme. Rule 17 provides the manner of despatching containers of sample while Rule 18 provides memorandum and impression of seal to be sent separately. Rule 18 reads :-