ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was found guilty by the learned Chief Judicial Magistrate, Solan of the offence under S.16(1)(a)(i) of the Food Adulteration Act (the Act in short) and was sentenced to undergo imprisonment for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was to suffer simple imprisonment for two months. The petitioner preferred an appeal. The learned Additional Sessions Judge, however, dismissed the appeal and upheld the conviction and sentence.

(2.) A few facts relevant to the case may be stated. On Dec. 20, 1979, a Food Inspector visited the shop of M/s. Chhajoo Ram and Mohar Singh at Solan and found the petitioner conducting the business of the shop. The Food Inspector purchased 600 grams of gur on payment of Rs. 1.20 P. as its price. A sample was sent for analysis and the Public Analyst found the gur to be adulterated. The total sugars (inverted sugars) were found deficient by 7.5% of the minimum prescribed standard. The petitioner was prosecuted, convicted and sentenced as stated above.

(3.) The only contention which was raised on behalf of the petitioner before the trial court, the lower appellate Court and also before this Court is that the gur was 'raskat' and was only meant for animals and not for human consumption. As such, it is asserted that the same cannot be termed as food, meant for human consumption.