VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Prosecution case in brief is that on 23.7.1985 Abhey Ram, Food Inspector PW-1 accompanied by Dr. P.K. Goyal PW-3 visited the business premises of the petitioner in Bhiwani city near general bus stand. Wheat flour weighing 15 kgs. was found lying in a gunny bag for sale in the shop. Food Inspector joined Arvind Kumar also. After disclosing his identity that he was Food Inspector authorised to seize samples of food stuff from their vendors, he served notice Ex.PA upon the petitioner. Notice Ex.PA was signed by the accused and attested by the PWs. It was signed by the Food Inspector. Notice Ex.PA was expressive of the intention on the part of Food Inspector that he would like to have a sample of wheat flour from the petitioner with a view to have the same analysed. He purchased 600 grams of wheat flour from the petitioner on payment of Rs. 1.20 to him. Before he purchased this wheat flour lying in the gunny bag, the entire wheat flour in the gunny bag had been mixed. Petitioner gave receipt Ex.PB to the Food Inspector in token of the supply of 600 grams of wheat flour to him on receipt of 1.20. Sample so purchased was divided into three equal parts. He put each of those parts in dry and clean bottles, which were wrapped, stoppered and sealed according to the procedure laid down in the Food Adulteration Rules, 1955. Spot memo Ex.PC was prepared. One of the sealed bottles was sent to the Public Analyst, Haryana as required under the rules for analysis. On analysis the Public Analyst found the contents of the sample bottle as adulterated wheat flour inasmuch as it was found to contain total ash and ash insoluble in dilute HCl 2.54% and 0.64% against the maximum prescribed standard of 2% and 0.15% respectively and grit 0.5%. Public Analyst further found that the taste of the sample (wheat flour) was gritty. On receipt of the report of the Public Analyst complaint Ex.PF was instituted by the Food Inspector in the Court of Chief Judicial Magistrate, Bhiwani. After institution of the complaint in the Court of Chief Judicial Magistrate, Bhiwani, he informed the Local Health Authority about the institution of the complaint. Local Health Authority sent a copy of the report of the Public analyst to the accused together with a forwarding memo. Petitioner applied to the Chief Judicial Magistrate, Bhiwani for sending the second part of the sample to the Central Food Laboratory, Gaziabad. Director, Central Food Laboratory, Gaziabad vide report Ex.PG found that the sample of wheat flour was adulterated inasmuch as ash and acid insoluble ash were found above the maximum prescribed standard laid down in the rules. One dead insect was also noticed in the sample.

(2.) ON the conclusion of the trial, learned Chief Judicial Magistrate, Bhiwani found the charge under Section 7/16(1)1(a)(i) of the Prevention of Food Adulteration Act, 1954 proved against the accused. He accordingly convicted him thereunder and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 3000/- or in default to under go further rigorous imprisonment for six months.

(3.) NOT satisfied with the decision of the learned Sessions Judge, Bhiwani maintaining the conviction but reducing the sentence passed upon him by the learned Chief Judicial Magistrate, Bhiwani, petitioner has come up in revision to this Court.