STATE OF HIMACHAL PRADESH Vs. SUBHASH CHAND

JUDGEMENT

(1.) STATE has questioned the acquittal of the respondents hereinafter referred to as 'the accused persons ' in Criminal Appeal 12 -NL/10 of 2002 decided on 17.2.2005, by the learned Additional Sessions Judge, reversing the judgment of conviction and sentence passed by the learned trial Court under Section 16(1 -A)(1) of the Prevention of Food Adulteration Act, 1954 in short 'the Act ' for allegedly selling adulterated 'dal Arhar '.

(2.) IN short, prosecution case can be stated thus. On 30.10.1999 at about 12.30 p.m., PW1 Food Inspector S.C. Joshi intercepted the business premises of the accused running under the name and style 'M/s V.K. Kariyana Store ' where he found present Subhash Chand the Salesman of the shop along with Vinod Kumar its proprietor. They had exhibited 40 kg of 'dal arhar ' along with other articles for sale to the general public.

(3.) HEARD and gone through the record.