SANDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 17th September, 1996 passed by the Court of Additional Sessions Judge, Bhiwani, who while dismissing the appeal of Shri Sandeep Kumar petitioner, affirmed the judgment and order dated 17th April, 1996 passed by the Court of Chief Judicial Magistrate, Bhiwani, who convicted the petitioner under Section 16(1)(a)(i) read with Section 7 of the Food Adulteration Act, 1954 (for short 'the Act'), and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, the petitioner was directed to undergo rigorous imprisonment for one month.

(2.) THE brief facts of the case are that Shri Abhey Ram Nehra, Government Food Inspector, inspected the premises of Shri Sandeep Kumar petitioner on 9.4.1992 at 4.30 p.m., at the Bus Stand and found him having in his possession Bundi Besan weighing about 10 kg. for public sale, contained in a tray. A sample of Bundi was demanded by giving notice in writing in Form VI prescribed under the Prevention of Food Adulteration Rules, 1955 (for short 'the Rules'). 600 Grams of Bundi Besan was purchased after mixing the whole contents and made uniform for analysis from Shri Sandeep Kumar, for Rs. 12-/. The Bundi was divided into three equal parts, bottled in three dry, clean, empty bottles. The bottles were stamped tightly and sealed on the neck with the seal of the Medical Officer as Dr. U.K. Lamba and Dr. R.K. Bansal were accompanying the Food Inspector at the time of inspection of the premises of Shri Sandeep Kumar. The bottles were labelled and wrapped into strong thick paper and the ends of the paper were pasted with gum paper slip bearing code number and signatures of LHA, Tosham, was pasted on each bottle from top to bottom. Each bottle was secured by means of strong twine and sealed with the seals of Medical Officer and Food Inspector at the spot. Signatures of Sandeep Kumar were obtained in such a manner that both the paper slip and the wrapper on each sealed bottle carried a part of his signature. One sealed bottle along with a memorandum in form VII was sent to the Public Analyst, Haryana, Karnal, for analysis in a sealed packet through railway parcel. The other two sealed bottles along with two copies of memo in Form VII were deposited with the Local Health Authority at Tosham in a sealed packet. The specimen impression of the seals used to seal the sample and the packed bottle sent to the Public Analyst, Haryana, Karnal, by registered post vide post office receipt. The sample was taken in the presence of the witnesses and one Ram Kishan, an independent witness. Report of the Public Analyst was received which shows fungus in the entire sample. Therefore, it is alleged that the accused has committed the offence of Food Adulteration Act. Copy of the report of the Public Analyst was also sent to the accused.

(3.) AGGRIEVED by the judgment and order of the learned Chief Judicial Magistrate, Shri Sandeep Kumar filed the first appeal before the Court of Additional Sessions Judge, Bhiwani, who vide judgment dated 17th September, 1996, affirmed the judgment and order of the trial Court and dismissed the appeal, for the various reasons given in paras Nos. 10 to 14 of the said judgment. The said paras are reproduced as under :-