STATE OF HIMACHAL PRADESH Vs. B.D. SHARMA

JUDGEMENT

(1.) A challenge has been laid to the judgment of acquittal dated 7.1.2000, passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, camp at Una in Criminal Appeal No.40/94 (1/94) under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) THE facts in nut-shell are that on 13.10.1990 around 8.50 A.M. the Food Inspector (PW-2) visited the shop of the accused. The accused was running the shop in the name of M/s Sharma and Co., Mehatpur. The Food Inspector purchased gur weighing 900 grams against payment of Rs.3.60. The gur was put into three neat, clean and dry bottles and Whether reporters of local papers may be allowed to see the judgment? No. thereafter the bottles were properly corked and sealed. Puncchnama was prepared. One of the sample alongwith Form-VII was sent to the Public Analyst, Chandigarh and another form-VII alongwith specimen seal impression was sent separately under registered post to the Public Analyst. On receipt of the report of Chemical Analyst, the contents of the sample were found to contain 1.19% Ash Insoluble in Hydrochloric acid against the maximum prescribed standard of 0.5% and two living insects were also found present in the contents of the sample. The prosecution was launched against the accused under Section 16(1)(a)(i) read with Section 7 of the Act. The accused was charge-sheeted. He pleaded not guilty and claimed trial.

(3.) THE accused preferred an appeal bearing No.40/94 (1/94). The appeal was accepted by the learned Additional Sessions Judge on 7.1.2000 and consequently, the judgment of the trial Court dated 20.12.1993 was set aside. Hence, this appeal.