STATE OF HIMACHAL PRADESH Vs. PARSHOTAM DASS

JUDGEMENT

(1.) THIS appeal has been directed by the State under Section 378 of the Code of Criminal Procedure assailing the impugned order dated 31st May, 1990 of the learned Sub Divisional Judicial Magistrate, Ghumarwin, District Bilaspur whereby the respondent has been acquitted of the offence under Section 16(1) (a)(i) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as 'the Act.'

(2.) MR . I.D. Verma, Food Inspector on 21.11.1986 at about 11.15 a.m. took sample of hard boiled sweets from the shop of the respondent. The said hard boiled sweets weighing about 6 kgs. contained in ajar were kept for sale to the general public by the respondent. 600 gms. of hard boiled sweets which were taken as sample was divided into three equal parts in three neat, clean and dry bottles which were wrapped, fastened and sealed in accordance with the relevant rules. One of the sealed samples was sent to the Public Analyst and the sample upon having been analysed was found to be adulterated since it contained the ash insoluble to dil -HCl in excess by 0.1 percent than the maximum prescribed limit.

(3.) AFTER obtaining the requisite written consent from the Competent Authority, prosecution was launched against the respondent for the offence under Section 16(1)(a)(i) of the Act. On the application of the respondent, the second bottle containing second part of the sample was sent for the analysis to the Central Food Laboratory. According to the report received from the Director, Central Food Laboratory, the sample was found to be adulterated since it contained the ash insoluble in dil -HCl more than the specified limit of 0.2 percent by weight.