STATE OF HARYANA Vs. SHER CHAND

JUDGEMENT

(1.) STATE has filed the present appeal which has been directed against the order dated 5.6.1992 passed by the Court of Chief Judicial Magistrate, Rohtak which acquitted the accused Sher Singh in a complaint under Section 7 read with Section 16(1)(i) of the Prevention of Food Adulteration Act, 1954 (for short the 'Act'). Some facts of the case can be noticed as follow :

(2.) ON 25.1.1985, Shri Megh Nath, Government Food Inspector alongwith Dr. V.K. Sharma had visited the Kiryana shop of accused located at Main Bazar, Meham. At that time, the accused was in possession of 4 kgs. of Haldi Powder. The Inspector disclosed his identity and exhibited his intention to take sample of Haldi powder. 430 gms. of Haldi powder was purchased as sample against the payment of Rs. 7/- vide receipt Ex. PE. The purchased sample was divided into three parts and was put in three dry and clean bottles. The bottles were stoppered, labelled and sealed in accordance with the procedure. Spot memo Ex.PB was prepared and one part of the sample was sent to the Public Analyst for analysis while remaining two parts of the sample were deposited with the Local Health Authority. On receipt of Public Analyst report Ex.PD vide which sample was found to be adulterated, the present complaint Ex.PE was launched against the accused.

(3.) AFTER evaluating the pre-charge evidence, the charge in this case was framed against the accused vide order dated 18.11.1988 to which the accused pleaded not guilty and claimed trial.