STATE OF H.P. Vs. ANUBHAV AWASTHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 28/4/2009, passed by learned Special Judge (Forests), Shimla, vide which the respondent (accused before the learned Trial Court) was released on probation. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the Food Inspector presented a complaint before the learned Trial Court against the accused and other persons for the commission of an offence punishable under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'PFA Act'). It was asserted that the complainant inspected of the premises of M/s Clarks Hotel, The Mall, Shimla on 3/12/2002, at around 1.00 PM and found one P.D. Shukla conducting the rt business of the hotel. He had three sealed bottles of 500 gms each of Sego Chamba Honey on a wooden shelf, in his possession, which were kept for sale to the general public. The Food Inspector disclosed his identity and issued a notice (Ex.P-1) declaring his intention to take the sample of Sego Chamba Honey for analysis. Food Inspector purchased three sealed bottles of Sego Chamba Honey each weighing 500 gms. on payment of Rs. 240/- as samples for analysis. A receipt (Ex.P-2) was obtained. P.D. Shukla disclosed that he had purchased the article of foods from M/s Kahan Chand and Sons Agency Pvt. Ltd. vide Bill No. 12501, dtd. 11/1/2002 (Ex.P-3). A copy of the notice (Ex.P-1) was also sent to Kahan Chand and Sons. The bottles were separately labelled and wrapped into a thick paper.

(3.) The Court summoned accused Nos. 1 to 3. Accused No. 3 applied to implead the present appellant as accused No. 4, which was allowed. The notice of accusation was put to the accused for the commission of an offence punishable under Sec. 16(1)(a)(i) of the PFA Act. They pleaded not guilty and claimed to be tried.