JESSA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this revision the accused/petitioner has challenged his conviction under Section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as Act).

(2.) ADUMBRATED facts of the case are that Food Inspector C.L. Sikri along with Dr. K.R. Rathee inspected the premises of Jessa Ram, Dayal Chowk, Sonepat. Accused was found possessing 30 polythene packet of 'mithi goli' weighing 4-1/2 kg. kept in a shop, for public sale. Food Inspector served notice Ex. PA on the accused and purchased 900 Grams (6 pkts. containing 150 Grams each) of Mithi goli for sample after paying Rs. 12/- as its price vide receipt Ex. PB. The sample was divided into three equal parts and were put in three empty, clean and dry bottles. Formalin were added therein. Bottles were duly sealed. A sample along with copy of memorandum was sent to Public Analyst by registered post. Remaining two samples with the copies of the memorandum were deposited with the Local Health Authority, Sonepat. A copy of memorandum along with specimen of the seal used on the sample was also sent separately to the Public Analyst by registered post. Public Analyst report Ex. PD was received wherein he opined that sample gives Ash insoluble in dilute HCl 0.58% against the maximum prescribed standard of 0.2%, Soap Stone, and Grit 0.5%. Its taste was reported as Gritty. Accordingly complaint Ex. PE was filed against the petitioner/accused. Copy of Public Analyst report was sent to the accused/petitioner by Local Health Authority along with notice. Office copy of that notice is at Ex. PF. This notice was sent by registered post. Its postal receipt is Ex. PG.

(3.) AFTER hearing the defence counsel as well as complainant, learned Additional Chief Judicial Magistrate, Sonepat vide his order dated 16.9.1996 found accused guilty of the said offence and sentenced him to RI for one year with a fine of Rs. 1000/- and in default to undergo further RI for three months.