BIHARI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case in brief is that on 27.6.91 accused Bihari Lal was found keeping in his possession 50 kgs. Dal Chana at his shop, which was meant for sale to the public. Shri Amar Nath, Government Food Inspector authorised to seize samples of food stuff from their vendors with a view to have the same analysed from the Public Analyst disclosed his identity to the accused that he was Government Food Inspector so authorised and that he was there with a view to take sample of Dal Chana for its being analysed from the Public Analyst. He gave notice Ex.PA to him to this effect and asked him to supply him 600 grams of Dal Chana on receipt of necessary price from him. Accused supplied him 600 grams Dal Chana on receipt of Rs. 6/- from him vide receipt Ex.PB. He divided Dal Chana, so purchased, into three equal parts. He put each part in separate empty, clean and dry bottles. These sample bottles were sealed. One part of the sample was sent to the Public Analyst, Haryana, who found vide analysis report that sample was unfit for human consumption as it was found to contain six living weevils. On receipt of the report of the Public Analyst, copy thereof was sent to the accused together with a forwarding letter calling upon him to have the sample re-analysed, if he so wished. GFI instituted complaint under Sections 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. Accused was charged under Sections 7/16(1)(a)(i) of the Prevention of Food Adulteration Act. 1954 after examining evidence.

(2.) On the conclusion of the tribal, Chief Judicial Magistrate, Jagadhri found the charge under Sections 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 proved against the accused. He, accordingly, convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/- or in default of payment of fine, he shall further undergo RI for 2 months vide order dated 27.8.98.

(3.) Bihari Lal went in appeal to the Court of Session against the order of learned Chief Judicial Magistrate, Jagadhri convicting and sentencing him. Learned AddI. Sessions Judge, Jagadhri dismissed the appeal vide order dated 24.3.99. Feeling that he has been unjustly convicted and sentenced by the learned courts below, Bihari Lal has come up in revision to this Court.