DHIAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) DHIAN Chand-accused (petitioner herein) was convicted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 by the Chief Judicial Magistrate, Bhiwani vide order dated 12.9.1986 and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/- or in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) HIS appeal to the Court of Sessions failed. Learned Additional Sessions Judge, Bhiwani maintained the conviction and sentence vide order dated 18.11.1987 passed upon him by the Chief Judicial Magistrate vide the aforesaid order.

(3.) PROSECUTION case in brief is that Chand Ram Grewal, Food Inspector authorised to seize samples of foodstuff from their vendors under the provisions of the Prevention of Food Adulteration Act, 1954 visited the shop of the accused on 17.3.1983 at about 4.00 PM. At that time Dr. M.M. Sharma, DMO was also with him. Sh. Sanjay-tailor was also joined by the Food Inspector with him. Accused was found keeping powdered lal mirch in his shop in a tin (pipa) which weighed 12 kgs. It was meant for sale to the public. Food Inspector gave notice Ex.PA to the accused after disclosing to him that he was Food Inspector authorised to seize samples of foodstuff from their vendors and that he was there to seize sample of lal mirch powder (red chilly powder) from him. Notice Ex.PA was signed by the accused and attested by Dr. M.M Sharma, Sh. Chand Ram Grewal and Sanjay PWs. Food Inspector asked the accused to supply him 600 grams red chilly powder on receipt of necessary price from him. Accused supplied him 600 grams of chilly powder vide receipt Ex. PB on receipt of Rs. 7.20 from him. Receipt Ex.PB was signed by the accused and attested by the said PWs. Thereafter, Food Inspector divided that red chilly powder in three equal parts. He put each of those parts into three dry and clean bottles. He labelled, stoppered, securely fastened and then wrapped in strong thick paper each bottle which was secured by means of paper slip bearing code No. and signatures of the Local Health Authority. He wrapped around each bottle twine also. Each of the bottles was sealed with the seal of Dr. M.M. Sharma. On each paper slip signatures of accused were obtained. Paper slip was affixed from top to bottom on each bottle with gum. Signatures of the accused on the paper slip were obtained in a manner that half of the signatures appeared on the paper slip and rest half on the wrapper of the bottle. Each of the sealed bottles was put in a separate sealed packet. One sealed packet was sent to the Public Analyst through railway parcel on 18.3.1983 alongwith sealed memo in form No. VII. Two other sealed packets of sample were deposited in the office of the Local Health Authority with two copies of memo No. VII bearing seal impression. Memo Ex.PC was prepared at the spot in which all the proceedings taken at the spot were recorded. Public Analyst vide report Ex.PE fond the sample as containing one sharp-edged iron piece, size of which was 2.2. c.m. length. 5 c.m. breadth and the weight of which was 0.107 gm. On receipt of the report of Public Analyst, a copy thereof was sent to the accused through registered post alongwith forwarding memo. Complaint was instituted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.