STATE OF HIMACHAL PRADESH Vs. SANDHU MASALA INDUSTRIES

JUDGEMENT

(1.) This appeal is directed against the judgment of Chief Judicial Magistrate, Una in Case No. 1616/89, dated 8th January, 1990 whereby the respondent has been acquitted of the offence under section 16 (1) (a) (ii) read with section 7 (v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act).

(2.) The brief facts of the case are that Food Inspector, Shri G. R. Puri, is stated to have inspected the premises of the petitioner on 23rd July, 1989 at Bhadsali at about 100 a. m. and found Haldi powder, Mirch powder and spices exposed for sale in the industry and the respondent had no licence for the sale of such articles of food as envisaged under Rule 50 of Prevention of Food Adulteration Rules. In this background, the respondent was prosecuted Notice of accusation was served upon the respondent on 18th October, 1989 and the case was adjourned to 8th January, 1990 for prosecution evidence.

(3.) When the case was taken up on 8th January, 1990, an application appears to have been filed by the Food Inspector, wherein a prayer was made that Dr. K. L Chadha, C. M. O. Una may also be called for correct decision of the case.