SURESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS revision petition has been preferred by the Petitioner against the judgment and sentence imposed by the learned Additional Sessions Judge, Fast Track Court, Kullu, affirming the conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 read with Rule 49(28) of the Prevention of Food Adulteration Rules, 1955, (hereinafter referred to as the 'Act' and 'Rules' respectively) and sentencing the Petitioner to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 5,000/ -,in default of payment to undergo simple imprisonment for a period of one month.

(2.) THE prosecution case is that a complaint was filed by the Food Inspector that on 28.8.2001 around 1.35 PM he visited the shop of Suresh Kumar Thakur who was running shop under the name and style of M/s. Kailsh Confectionary, The Mall, Manali, District Kullu and after disclosing his identity in presence of PW -1 Amar Singh, he found that Respondent Suresh Kumar had stored for sale packed drinking water in the brand name of "Aquafina" for sale for human consumption. Accordingly he issued notice in Form -VI Ex.PW -1/B with intention of taking the sample of the water for analysis and purchased three sealed bottles each of one liter against the payment of Rs. 36/ - by obtaining receipt Ex.PW -1/C. At the relevant point of time Shri Suresh Kumar disclosed that he had purchased this water from Everest Enterprises. The provisions under which the Petitioner has been charged may be considered. Section 16(1)(a)(i) provides:

(3.) RULE 49(29) provides: