RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) AFTER trial of the revision-petitioner for an offence punishable under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 (shortly the Act), he was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, he was directed to suffer R.I. for a further period of two months, by the Sub Divisional Judicial Magistrate, Kaithal vide order dated 25.11.1982. The petitioner preferred an appeal against his conviction and sentence before the Court of Session, Kurukshetra, but the same was dismissed. This criminal revision has been filed to challenge the order of the trial Court, as also of the appellate Court.

(2.) ON 29.11.1977 Food Inspector Moti Ram (PW1) visited the shop of the petitioner when he was accompanied by Dr. V.K. Malhotra and Dr. R.C. Mittal. about 30 kg. Boora was found contained in a Petti (wooden box) for public sale. After disclosing his identity, the Food Inspector demanded a sample out of the Boora for analysis purpose. The petitioner refused to give the sample and fled away from his shop. This act of the petitioner is said to bring the act within the definition of the offence of preventing the "Food Inspector from taking a sample as authorised by the Government".

(3.) THE next argument of the learned Senior Advocate for the petitioner is that the evidence of the prosecution witnesses is discrepant and no definite conclusion can be reached.