STATE OF H P Vs. SUBHASH CHAND

JUDGEMENT

(1.) The State of Himachal Pradesh has assailed the judgment dated 31-3-1992 passed by the learned Sub Divisional Judicial Magistrate, Kangra, whereby the accused three in number, now respondents before this court, have been acquitted for the commission of the offence under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954, (hereinafter called as the Act).

(2.) Shortly stated, the facts of the case are that Subhash Chand, respondent No. 1 carries on his business in a shop located at Nagrota-Bagwan. Food Inspector, Jagat Ram, visited the same on 3-12-1986. He after disclosing his identity purchased 600 grams 'Orange candy HBC-Chinar Coloured' from him on payment of Rs. 13.00. After observing the codal formalities as to the pouring, packing and wrapping of the above said commodities, he kept the samples into three clean and dry hottles. One sample was sent to the Public Analyst for the purpose of analysis. Vide report Ex. P. F., the aforesaid commodity was found to be mis-branded as such adulterated. Food Inspector, Jagat Ram PW, sought the sanction from the Chief Medical Officer and filed a complaint against the accused Subhash Chand.

(3.) During the pendency of the complaint before the trial Court, respondent No. 3 was impleaded at the behest of respondent No. 1 and respondent No. 2 was further impleaded as an accused at the behest of respondent No. 3, on respective applications moved under Section 20(A) of the aforesaid Act.