HARBANS LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) A sample of chilly powder worth 450 grams was taken by the Government Food Inspector A.N. Gupta, on 31.1.1984 from the petitioner, who was running a Dhaba in the area of Jind, after a notice Ex. PA was served upon the petitioner and the price of the chilly was paid vide receipt Ex. PB. After the formalities of completing the sample memo Ex. PC, one of the samples was sent to the Public Analyst, who vide report Ex. PD opined that the sample of chilly contained prohibited coal tar dye as well as it contained total ash 8.5% and ash insoluble in dil. HCl. 1.72% against the maximum prescribed standards of 9.0% and 1.3% respectively and grit 1.6%. This led to the prosecution of the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(2.) THE petitioner took up the plea that he is not a manufacturer of the chilly powder. Rather he used the same in preparation of food which he sold to various customers on his Dhaba. Hence, according to him, this chilly powder from which the sample was taken was not for sale. However the learned Chief Judicial Magistrate, Jind, convicted the petitioner under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 and sentenced him to under rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. His conviction and sentence was maintained in appeal by the learned Sessions Judge, Jind. He has filed the present revision petition.