RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 9.7.1985 passed by the Court of learned Addl. Sessions Judge, Rohtak who affirmed the judgment and order dated 30.11.1984 passed by the learned Sub Divisional Judicial Magistrate, Jhajjar who convicted the petitioner under section 16(1)(a)(1) of the Prevention of Food Adulteration Act and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default of payment of fine the petitioner was directed to undergo rigorous imprisonment for 2 months.

(2.) THE brief facts of the case can be described as follows :- On 5.8.1982, at about 8.00 p.m., Sant Lal the then Govt. Food Inspector Rohtak PW1 accompanied by Dr. J. Chanda PW3 came to the shop of the petitioner situated near the office of the Municipal Committee, Beri and found 3 kgs. of hard boil confectionery (Mithi golis) in three closed packets for public sale. After disclosing his identity, Sant Lal GFI purchased 600 gms of hard boil confectionery from one of the three packets after opening the same on payment of Rs. 6/- vide receipt Ex. PB. These were divided into three packets, put in the three dry clean bottles which were then separately corked, wrapped, labelled and sealed as required under the rules. Spot memo Ex. PC was also prepared. Prem Narain PW who witnessed the seizure of the sample also attested the spot memo. Ex. PC and receipt Ex. PB. One of the said sealed bottles containing the samples of the heard boil confectionery purchased from the petitioner was got analysed and on analysis it was found to be adulterated inasmuch as it was found coloured with unpermitted red basic coal tar dye. Report Ex. PD dated 3.9.1982 was sent by the Public Analyst Haryana to the Local (Health) Authority, Rohtak. On the receipt of the said report complaint Ex. PE was filed by Shri Balwan Singh the then Govt. Food Inspector, Rohtak.

(3.) UPON appearance of the petitioner in the court statement of Sant Lal GFI was recorded as PW 1 and on the basis of his statement, the petitioner was charged under section 7(1) read with Section 16(1)(a)(1) of the Prevention of Food Adulteration Act by the Court of learned SDJM, Jhajjar.