STATE OF H.P. Vs. DES RAJ

JUDGEMENT

(1.) THIS appeal is filed against an order of acquittal recorded by the learned Sessions Judge, Hamirpur in Criminal Appeal No. 6 of 1997 on December 23, 1996 by which she set aside an order of conviction and sentence recorded by the Chief Judicial Magistrate, Hamirpur dated December 9, 1986 in case No. 6-III of 1985.

(2.) THE respondent was the original accused. A complaint was filed against him by the Food Inspector, Hamirpur, for an offence punishable under Section 16(1-A)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The case of the prosecution was that in 1984 the complainant was serving as Food Inspector in Hamirpur District. The accused was having a Kirana shop at Mahal in Hamirpur District. On November 13, 1984 at about 1.15 p.m. the complainant visited the business premises of the accused. The accused had kept about 6 Kgs. of Ajwain for sale to public. The complainant showed his willingness to take sample of Ajwain for analysis. Accordingly, the accused sold the commodity under the notice as required by Rule 12 of the Prevention of Food Adulteration Rules, 1955 (copy of which was reproduced at Ex.PA) to the complainant. Payment of Rs. 6/- vide receipt Ex. PB was also made by the complainant to the accused for such sale. The article of food purchased by the complainant was then divided into three equal parts in three clean and dry bottles. The bottles were duly packed, labelled and sealed. Observing necessary formalities, including taking of signatures on each bottle by Panchas as well as by the accused, the samples were sent to Local Health Authority at Kandaghat. Sampling was done in the presence of both the Panchas; Amar Nath (PW-3) and Mool Raj (PW 4). The Public Analyst caused the sample analysed and vide his report, Ex. PE declared the result of the analysis as under :

(3.) AT the trial, prosecution examined four witnesses, PW1 K.S. Verma, Food Inspector, Hamirpur PW2 Daljit Singh, Clerk of Chief Medical Officer, Hamirpur, PW3 Amar Nath, Panch No. 1; and PW4 Mool Ram, Panch No. 2. On the basis of the evidence, the learned Magistrate held that it was proved by the prosecution beyond reasonable doubt that on November 13, 1984, the accused had sold a sample of Ajwain to the Food Inspector which was found to be adulterated and, thereby the committed an offence punishable under Section 16(1-A) of the Act. After hearing the accused on sentence, the learned Magistrate was pleased to order him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-; in default, to undergo simple imprisonment for six months more.