SURESH KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) SURESH Kumar petitioner was convicted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, by Judicial Magistrate 1st Class, Jagadhari, and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ -, or in default to undergo rigorous imprisonment for three months. On appeal, the learned Sessions Judge, Ambala, maintained his conviction and the sentence. Aggrieved by the conviction and sentence as aforesaid, the petitioner has preferred this revision.

(2.) THE facts of the case, briefly stated, are that on 7th November, 1973 at about 9.00 a.m., Government Food Inspector Shri Harbhajan Singh accompanied by Dr. P.N. Chhabra, Chief Medical Officer, Ambala, went to the karyana shop of the petitioner and purchased 375 grams of dhania from him in the presence of Rameshwar Dass P.W. 1 on payment of Rs. 1.25 against a receipt Ex. P B. The dhania purchased was divided into three parts and each part was transferred in a dry and clean bottle. The bottles were property stoppered, labelled and sealed one bottle was given to the accused -petitioner, one was sent to the Public Analyst, Haryana, Chandigarh, alongwith the requisite memo for analysis. The Public Analyst found that the sample was infested with as many as 10 living insects and also contained two rat -droppings. Consequently the Food Inspector filed the complaint against Suresh Kumar petitioner.

(3.) THE accused petitioner in his statement recorded under section 313, Code of Criminal Procedure, denied the prosecution allegations and pleaded his false complicity in this case. He denied to have sold any dhania to the Govt. Food Inspector.