LAKHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 15-7-1985 at about 12.30 PM Shri Sube Singh, Govt. Food Inspector along with Dr. J. P. Chaudhary, Medical Officer inspected the business premises of Lakhi Ram (petitioner-herein) at bus stand Chhuchhakwas. It was karyana store. At that time, Raj Kumar PW was also with them. 10 kilograms of maida was found in a gunny bag in the shop which was meant for sale to the public. Shri Sube Singh disclosed his identity to Lakhi Ram that he was Food Inspector authorised to seize samples of food stuff meant for sale from their vendors with a view to have them analysed. He served notice Ex. PA upon Lakhi Ram and asked him to supply 600 grams of maida on receipt of necessary price from him. Notice Ex. PA signed by Lakhi Ram was attested by the PWs. Lakhi Ram supplied 600 grams of maida to Shri Sube Singh on receipt of Rs. 1.50 from him vide receipt Ex. PB signed by him and attested by the PWs. Spot memo Ex. PC was prepared at the spot showing entire proceedings taken at the spot. Shri Sub Singh divided the quantity of maida in 3 equal parts. He put each of those parts in dry and clean bottles. Bottles were made into sealed parcels in compliance with the procedure laid down in the Prevention of Food Adulteration Rules, 1955. One sealed bottle was sent to the Public Analyst, Haryana, Chandigarh along with memorandum in Form VII in a sealed cover by railway parcel. The other two sealed bottles along with 2 copies of memos in form VII, bearing seal impression, were handed over to the local health authority on 16-7-85. A copy of the memo and the specimen of the seal used to seal the bag was sent to Public Analyst, Haryana, Chandigarh separately by registered post. Public Analyst, Haryana found that the sample was containing 19 living weevils and 100 living meal worms. On the receipt of the report of the Public Analyst, complaint was instituted by the Food Inspector against the accused under section 16(1)(a)(i)/7 of the Prevention of Food Adulteration Act, 1954. At the request of the accused other part of the sample was sent to the Director, Central Food Laboratory, Ghaziabad for analysis who vide report Ex.PF found that the sample was not free from living and dead insects and insect larvae. Sample was found not conforming to the standard of maida laid down in item A.18.02 of Prevention of Food Adulteration Rules, 1955 in that gluten content was less than the minimum prescribed limit and alcoholic acidity was above the maximum prescribed limit. Accused was charged under Section 16 (1) (a) (i)/7 of the Act. Accused pleaded not guilty to the charge and claimed trial.

(2.) On the conclusion of the trial, Judicial Magistrate First Class, Jhajjar found the charge proved against the accused, convicted him thereunder and sentenced him to undergo RI for 6 months and to pay fine of Rs. 1,000.00, in default of payment of fine to undergo further RI for a period of 3 months vide order dated 25-4-87. Aggrieved from his conviction and sentence recorded on 25-4-87 by the learned Magistrate, accused went in appeal to the Court of Session. Learned Additional Sessions Judge dismissed the appeal. Failure in the two courts below has not dampened the spirit of the accused. He has knocked the door of this court through this revision.

(3.) I have heard the learned counsel for the petitioner, learned Assistant Advocate General for the State of Haryana and have gone through the record.