RAMESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision-petition is directed against the judgment dated 26.07.2002, rendered by the Court of Additional Sessions Judge, Narnaul, vide which it dismissed the appeal, against the judgment of conviction and the order of sentence dated 30.10.2000, rendered by the Court of Sub Divisional Judicial Magistrate, Mohindergarh, convicting the accused, for the offence, punishable under Section 2(ia)(J) read with Section 16(1)(a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of one year, and to pay a fine of Rs.1000/-, in default of payment of the same, to undergo further rigorous imprisonment, for a period of three months.

(2.) THE facts, in brief, are that on 20.01.1989 at about 1.00 PM, Megh Nath, Government Food Inspector, alongwith Dr. M.P. Lamburia, went to the shop of the accused, namely Ramesh Chand, situated in village Khaira. The accused was present, at his shop. He was keeping 3 Kgs. Dal Moong Dhuli, for public sale. After disclosing his identity, the Government Food Inspector, expressed his intention to take sample of Dal, aforesaid. He served notice upon the accused. Thereafter, he purchased 750 grams of aforesaid Dal as sample. At that time, one Laxminarain, independent witness was joined with the investigating Agency. The sample was divided into three equal parts, and packed in three dry clean and empty bottles. The bottles were Stoppard, labeled and then wrapped, in a strong thick paper. One sealed bottle of the aforesaid sample, was sent to the Public Analyst, Haryana, and Karnal, who found the same to be adulterated. Thereafter, the prosecution was launched against the accused.

(3.) IN pre-charge evidence, Megh Nath, Government Food Inspector,(PW-1) was examined, who reiterated the allegations, leveled in the complaint. Thereafter, the pre-charge evidence was closed.