STATE OF H.P. Vs. PURSHOTAM CHAND

JUDGEMENT

(1.) This petition has been preferred by the State for grant of leave to appeal against the judgment dated 17.11.2004 passed by the President Officer, Fast Track Court, Hamirpur (hereinafter referred to as the "President Officer") whereby the judgment dated 17.12.2002 passed by the learned Additional Chief Judicial Magistrate, Hamirpur convicting and sentencing the respondent under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the "Act") has been set aside.

(2.) The material facts for the purpose of disposal of the present petition are that on 4.2.1998 S.C. Sharma, Food Inspector purchased sample of cows milk from the shop of the respondent at Nadaun. On analysis the sample was found adulterated. Hence the said Food Inspector launched prosecution against the respondent.

(3.) The trial Court convicted the respondent and sentenced him to simple imprisonment for six months against the said conviction and sentence which was allowed by the President Officer. Hence this petition by the State.