STATE OF PUNJAB Vs. RAMAN KUMAR

JUDGEMENT

(1.) After hearing an application for grant of leave to appeal under S. 378 Cr. P.C. against a judgment of acquittal, a Division Bench of this Court on May 18, 1992 ordered as under : "Heard. The perusal of the provisions of Rules 14 and 16 of the Prevention of Food Adulterations Rules, 1955 (for short 'the rules') reveals that the dominant consideration in sending the sample of food for analysis in clean dry bottles, jars or any other suitable container is to prevent leakage, evaporation, or in the case of dry substance, entrance of moisture. Thus, the finding of the trial Court that since the sample of red chillies powder was taken in a wrapper of strong thick paper in violation of the mandatory provisions of Rules 14 and 16 of the Rules is not exfacie well founded. In this view of the matter, it requires reconsideration by a larger Bench of this Court as the trial Court had placed reliance on a Division Bench decision of this Court in State of Haryana v. Gurdhan Dass (Criminal Appeal No. 1053 of 1975). Leave to appeal allowed. Admitted to Full Bench. The matter be placed before Hon'ble Chief Justice for constituting a Full Bench. The accused-respondent through his counsel is directed to furnish personal bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Hoshiarpur within a fortnight of this order, undertaking to surrender before him in case of his conviction. A copy of this order be given Dasti to the learned counsel for the respondent. Sd/- (J. S. Sekhon) Judge. Sd/- (Amarjeet Chaudhary) Judge." May 18, 1992.

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

(3.) The facts of the case in brief taken out from the evidence on the file are that Ram Kumar, respondent, was accused and charged under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be called as 'the Act') for having kept in his possession in his shop situated in Krishan Nagar, Hoshiarpur, 12 packets of chilly powder containing 100 grams each for sale for human consumption on 1-3-1988.