STATE OF H.P. Vs. DEEPAK SOOD

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 11.5.2006 rendered by the Additional Sessions Judge, Shimla in Criminal Appeal No. 9/10 of 2004/02.

(2.) "Key facts" necessary for the adjudication of this appeal are that Sh. L.D. Thakur was working as Food Inspector for the District Shimla and visited Rohru on 21.4.2001. Accused was running a Karyana shop in the name and style of M/s. Krishna Trading Company, Rohru in Rohru Bazar. The shop was visited by the Food Inspector at about 12.30 P.M. He disclosed his identity. He also disclosed his intention to take sample of Arhar dal for analysis. He issued notice to the accused. Thereafter, he purchased 600 grams of Arhar dal from a gunny bag placed in the shop containing 40 kgs of Arhar dal, which was displayed for sale. It was made homogeneous with bamboo (instrument used for mixing food articles). He paid the price and obtained the receipt. 600 grams of Dal was separated into three parts and was placed in three thick polythene bags, which was made air tight and was sealed. Accused was made to affix his signatures in such a manner that half of the signatures came on the slip and half on the thick paper. It was made tight with strong thread and thereafter seals were affixed by covering all the knots on the thread. A copy of form No. VII was placed in separate envelope and seal impression was also placed in envelope. The sample and copy of form No. VII were sent to the Public Analyst. Remaining two samples alongwith copies of form No. VII and seal impression were sent to the Local Health Authority. After the receipt of the report from the Public Analyst, the Food Inspector was informed by the office of the Local Health Authority through a letter. He collected all he papers and placed before the C.M.O. The C.M.O. gave written consent to launch the prosecution.

(3.) MR . Parmod Thakur, learned Addl. A.G. has vehemently argued that the prosecution has proved the case against the accused for offence under section 16(1)(a)(i) of the Prevention of Food Adulteration Act.