STATE OF HIMACHAL PRADESH Vs. SANDEEPAN KUMAR

JUDGEMENT

(1.) The allegation against the accused is under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereafter the Act).

(2.) The case against the accused is that the Food Inspector visited his shop and took the sample of DALIAV It was divided into three parts and then put into three neat, clean and dry bottles. These bottles were tightly corcked, labelled and fastened in a thick wraper. A paper slip bearing Code No. SLN/S/39 was affixed from the bottom to top of each bottle with gum. The signatures of the accused were obtained in such a way that it covered the paper slip and the wraper. The bottles were fastened with thread and sealed with sealing wax. Seal impressions were put on each bottle and out of them, one was seat to the Public Analyst for analysis while others were retained with the Health Authority.

(3.) On analysis, the Public Analyst reported that the contents of the sample contained nine rat droppings. Consent under section 20 of the Act was obtained and prosecution was launched against the accused. During the course of the arguments in the case, it was pointed out successfully to the Court that the Food Inspector had no jurisdiction within cantonment area of Kasauli. The Court went into this matter and acquitted the accused, although, on the point of adulteration the findings turned against the accused.