STATE OF H P Vs. GOPAL SHARMA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 4.3.2006 of the learned Sessions Judge, Shimla, H.P., rendered in Criminal Appeal No. 31-S/10 of 2005, whereby the appeal of the respondent-accused (hereinafter referred to as the accused), was allowed and conviction and sentence rendered by the learned Judicial Magistrate (3), Shimla in case No. 147/3 of 2005 was set aside.

(2.) The case of the prosecution, in a nut shell, is that on 30.9.2004, Food Inspector, Shimla visited business premises of the accused known as 'Sharma Dhaba' at Taradevi and found him conducting business. Eatables, biscuits, fruit drinks, milk etc. were kept for sale to the public. On demand, he failed to produce licence for sale of food articles. The sample of the food was also taken for analysis from the shop. The proceedings were launched against the accused. Substance of accusation for offence under Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, was framed against the accused by the learned Magistrate.

(3.) The complainant examined three witnesses. The statement of the accused under Section 313 Cr.P.C. was also recorded. The accused examined two witnesses in defence. The accused was convicted and sentenced by the learned Magistrate after completion of the trial on 27.7.2005. The accused preferred an appeal against the judgment dated 27.7.2005 before the learned Sessions Judge, Shimla. The learned Sessions Judge, Shimla, allowed the same on 4.3.2006. Hence, this appeal at the instance of the State.