STATE OF H.P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) THE Appellant hereinafter referred to as the 'accused' was prosecuted for the offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 in short 'the Act' for allegedly selling mis -branded and adulterated sample of 'kisan vanaspati'.

(2.) IN short, prosecution case can be stated thus. On 23.11.1999 at about 1 p.m., PW1 Bavita Tandon, Food Inspector, Hamirpur intercepted the shop of the accused in the presence of PW3 Kishori 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 -Lal and found in possession of 15x 4.49 gMs. of 'kisan vanaspati' kept in a card -board box in originally sealed packets of 4.49 gMs. each along with some other articles of food, for sale to the general public for human consumption. The Food Inspector requested several other persons to be witness, but all of them refused except Kishori Lal. Thus, the Food Inspector served a notice Ext. P1, to pick -up the sample of 'kisan vanaspati' to the accused and purchased three packets of 'kisan vanaspati' against payment of Rs. 66/ - vide receipt Ext. P2. The accused as also the witness aforesaid signed the said document. Purchased quantity was properly labeled and wrapped in a thick paper as per rules with the slip of LHA and each part was got signed by the accused as well as by the witness. The punchnama of the entire proceedings was prepared on the spot, read over to the accused and witness. They admitted it to be correct and in token thereof they appended their signatures. One part of the sample along with form No. VII Ext. P4 was sent for analysis to the Public Analyst, Kandaghat in a sealed packet by registered parcel vide postal receipt Ext. P5. Form No. VII along with seal impression was also sent to the - 3 -public analyst separately vide postal receipt Ext. P6.

(3.) THE Food Inspector applied for sanction to launch the prosecution to the Chief Medical Officer concerned who, on consideration of the documents Ext. P1 to Ext. P10 accorded the sanction Ext. P11 to prosecute the accused. Notice under Section 13(2) of the Act was sent along with report of analyst to the accused by registered post. The postal receipt is Ext. PW2/B.