SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision arose out of alleged adulteration in Toria oil contained in a tin for public sale. Out of the same, after serving notice, in writing in form VI, given by the Food Inspector to the petitioner, the Food Inspector, purchased 375 gms oil on 29-12-1978 at 2.45 p.m. for analysis, on payment of Rs. 3.75.

(2.) AFTER due formalities the sample was sent for test and ultimately the petitioner was prosecuted. The analysis of the sample showed the sample to be adulterated, as accordingly to it, the sample gave Baudouin test positive of 35 red units in I am cell on lovihand scale against the maximum of 5 red units. The petitioner was convicted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/-. In default of payment of fine the petitioner was to undergo rigorous imprisonment for one month. The petitioner's appeal was dismissed on 29-7-1985 and he could be released on bail by order dated August 8, 1985. From the date of taking of sample more than ten years have elapsed. Harassment and strain of this period is sufficient for quashing the proceedings in this case. This leads me to hold that the petitioner has undergone sufficient harassment and strain. This petition is accepted and the conviction and sentence are set aside. Petition allowed.