SANJAY AGGARWAL Vs. GOVERNMENT FOOD INSPECTOR

JUDGEMENT

(1.) This order shall dispose of above mentioned two revision petitions as these have arisen out of common judgments/order passed by the Courts below.

(2.) Since the facts of both the cases are identical except the quantity of recovered material and time of inspection, therefore, for the convenience of the Court, the facts are being taken from CRR-1756-2014.

(3.) A complaint under Sec. 7 of Prevention of Food Adulteration Act, 1954 ('1954 Act' for short) was filed by complainant Narain Dutt Sharma, Food Inspector alleging that on 22/6/2006, at about 4.45 P.M he along with Local Health Authority inspected the premises of the petitioner, where four crates (96 bottles) of sweetened carbonated water manufactured being sold under the brand of Golden Park were displayed for public sale. Accordingly, a notice on Form-VI was served upon the petitioner-accused and 06 bottles of 30 ml each of the said sweetened carbonated water were purchased for analysis against a price of Rs.37.00. The samples were divided into three equal parts. All the bottles were sealed and converted into sealed parcels. A paper slip bearing code and signatures of LHA, Sonipat was pasted on each bottle. Signatures of the accused were obtained. One sealed parcel along form VII was sent to the State Analyst. Another form VII was separately sent to the Analyst concerned in a sealed envelope and the other two sealed samples along with copies of Form-VII were deposited with the Local Health Authority concerned. As per the report of the Government Analyst, the samples were adulterated and misbranded and not fit for human consumption.