MAHABIR PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the order ofAdditional Sessions Judge, Karnal, dated 22nd April. 1985, whereby the order of conviction and sentence passed against the present revision petitioner under section 16(1)(a)(i) of the Prevention of Food Adulteration Act was maintained.

(2.) BRIEFLY stated the facts of the case are that Shri Kali Ram, Government Food Inspector, companied by Dr. Om Pal, and, Charan Singh Peon in the Public Health Laboratory, Karnal, inspected the business premises run by the petitioner, under the name and style of Goel Provision Store. The petitioner was found in possession of 4 kgs. of chillies, which were meant for public sale. After disclosing his identity, the Food Inspector purchased 600 grams of powdered chillies on payment of Rs. 6/-. The sample of chillies so purchased, Was divided into three equal parts, an( transferred into three dry and clean bottles, which were stoppered, corked labelled and sealed. One of the sample bottles, along with memo. inform VII, was sent to the Public Analyst, Haryana Chandigarh, for analysis in a sealed cover, whereas the other two sample bottles were deposited with the Local Health Authority. After receipt of the report of the Public Analyst, it was found that the sample was adulterated, inasmuch as, it gave ash insoluble in dilute Hydrochloric at 1.84% against the maximum prescribed standard of 1.3% and, the grit 1.42%. Copy of the report of the Public Analyst was also sent by the Government Food Inspector to the revision petitioner on 4.6. 1981, through registered post. Thereafter prosecution was launched against him.

(3.) THE petitioner, when examined under Section 313 of the Code of Criminal Procedure, denied the prosecution allegations appearing in evidence against him, and pleaded false implication. According to him, Dr. Om Pal, and other employees of the Civil Hospital used to take goods summarily on credit. The payments were not made by them on demand, and, ultimately, he refused to supply them the goods, hereupon, Dr. Om Pal threatened him with dire consequences. One day Dr. Om Pal brought the Food Inspector to his shop. I he Food Inspector took chillies from his shop without his permission, and without making any payment. He made verbal complaints to the authorities. In defence, he examined Charan Singh as D. W. 1.