MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHAN Lal petitioner was tried and convicted under -Section 16(1)(a)-(i) of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for six months and a fine of Its. 1,000/- by the Chief Judicial Magistrate, Patiala on May 8, 1985. On appeal, the learned Additional Sessions Judge, Patiala, upheld his conviction and sentence. Feeling aggrieved, he has come up in revision.

(2.) THE prosecution allegations are that Dr. A.P. Kansal, Government Food Inspector visited the shop, of the petitioner situated at Sanauri Gate, Patiala and purchased 600 grams of turmeric powder from him for analysis in the presence of Dr. S. P. Sharma, who had accompanied the Food Inspector. After completing the formalities, a sample was sent to the Public Analyst who found the same to be adulterated as it contained ash insoluble in dilute Hydrochloric Acid to the extent of 1.94% against the maximum prescribed standard of 1.5%. The contents also contained 1.20% of grit. This led to the prosecution of the petitioner and his ultimate conviction and sentence.

(3.) THE result is that the revision petition is accepted and the conviction and sentence of the petitioner are set aside and he is acquitted of the charge. Fine if paid, shall be refunded to the petitioner.