RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition Is directed against the judgment of the learned Additional Sessions Judge, Gurgaon, dated March 4, 1986, whereby he affirmed the judgment of the trial Magistrate convicting the petitioner for an offence under Section 16(1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act (for short, the Act') and sentencing him to undergo R I. for six months and a fine of Rs. 1,000/- or in default of payment of fine to undergo further R.I. for three months.

(2.) THE facts of the case are that Shri H.R. Khanna, Government Food Inspector accompanied by Dr. B.S. Dahiya, Deputy Chief Medical Officer. (Health) visited the premises of Rajinder Kumar petitioner and he was found in possession of 10 kgs of Besan Ke Laddus. After completing the formalities, the Food Inspector purchased 1500 grams of 'Besan Ke Laddus, against a payment of Rs. 18/- for analysis. One of the samples was sent to the Public Analyst for analysis. The Public Analyst vide his report Ex. PD found the sample to be adulterated as it contained unpermitted yellow basic coal tar-dye. Upon a complaint having been lodged the petitioner was tried under Section 16 read with Section 7 of the Act. The petitioner was convicted by the trial Court as aforesaid. He unsuccessfully appealed before the Additional Sessions Judge, Gurgaon, who affirmed his conviction, hence this petition.