RAJ KUMAR Vs. STATE UNION TERRITORY

JUDGEMENT

(1.) PETITIONER -accused has challenged the lower Appellate Court's judgment dated 3.2.1998 whereby his conviction under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (in short the 'Act') awarded by the trial Court's judgment dated 26.9.1994 sentencing him to undergo rigorous imprisonment for six months with a fine of Rs. 1000/- in default to further undergo rigorous imprisonment for one month is affirmed.

(2.) BRIEF facts of the case are that on 12.3.1992 Shri O.P. Gautam, Government Food Inspector, visited the petitioner's premises and a sample of Badana Sweet was taken from him for analysis. As per the provisions of the said Act and Rules framed thereunder, one sealed sample was sent to the Public Analyst for analysis. As per the report of the Public Analyst, sample was found to contain colour with unpermitted orange coaltar dye which was not permitted under 1955 Rules framed under the Act. On that premise, complaint for the aforesaid offence was submitted against the accused-petitioner before the lower Court.

(3.) AFTER recording pre-charge evidence, charge for the aforesaid offence was framed against the accused-petitioner and thereafter recording the remaining evidence and the defence evidence adduced by the accused-petitioner, the learned Magistrate, on appraisal of the evidence on record, found the accused guilty of the said offence and accordingly, convicted him as stated at the very outset.