MUNSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present Criminal Revision has been filed against judgment dtd. 7/11/2012 passed by learned Additional Sessions Judge, whereby the appeal against the judgment and order dtd. 12/10/2010/ 13/10/2010 passed by Sub Divisional Judicial Magistrate, Dabwali, whereby the petitioner has been convicted and sentenced under Sec. 16 (1) (a) (i) of The Prevention of Food Adulteration Act, 1954, (for short 'the Act'), to undergo RI for a period of six months and to pay a fine of Rs.1000.00 alongwith default clause to further undergo rigorous imprisonment for one month has been dismissed.

(2.) Brief facts of the case are that a complaint was filed against the petitioner with the allegation that on 25/4/2005, his premises had been checked by the then Food Inspector Jatinder Yadav along with Dr. Mukesh Kamboj, and they found about 10 kg of 'Haldi powder' in his possession for public sale contained in a jute bag. Out of which a sample of 1500 grams was purchased for an amount of Rs.60.00 by giving him notice in Form VI prescribed under the Prevention of Food Adulteration Rules, 1955, for short 'the Rules' and after mixing the same properly, and making it homogenous for analysis divided into three equal parcels which were put into three empty, clean and dry bottles. Two drops of formalin were added in each bottle and they were closed tightly and sealed with the seal of medical officer. The samples were labelled and rapped in strong paper and the ends of the paper were pasted with gum. Paper slips bearing Code No.SR- DH FI-2 Sr. No. 566 were pasted on each bottle from top to bottom and each of them were secured by means of strong twine and sealed with the seal of Medical Officer and Food Inspector on the spot which was duly signed by Local Health Authority, Sirsa. Thereafter, signatures of the petitioner were obtained in such a manner that both the paper slip and wrapper on each seal bottle bearing the part of signatures. The spot memo Ex.PC was prepared and documents Ex.PA to Ex.PC were signed by the petitioner and duly signed by the witnesses. Impression of seals was also taken on Form VII. One sealed bottle of sample along with copy of Form VII was sent to Public Analyst, Haryana, Chandigarh, for analysis in a wooden box, duly sealed through Railway parcel and other two sealed bottles of sample along with two copies of memo in Form VII were deposited with the local Health Authorities. The report of Public Analyst, Haryana, Chandigarh Ex.P1, was received on 15/6/2005 and reveal that the sample did not conform to the prescribed standards laid down for Haldi powder under the Rules due to the following reasons:-

(3.) During after-charge evidence, complainant examined Government Food Inspector-Subhash Chaudhary as PW1 again as well as Atma Ram, Clerk of Local Health Officer as PW2, Jatinder Yadav, Government Food Inspector as PW3. Statement of petitioner was recorded under Sec. 313 Cr.P.C. where he claimed innocence by raising the plea of false implication.