STATE OF H P. Vs. CHIRANJI KUMAR

JUDGEMENT

(1.) APPELLANT Charanji Kumar was convicted by Sub Divisional Judicial Magistrate, Ghumarwin under Section 16 (1-A) (i) of the Prevention of Food Adulteration Act, 1954 (Act for short) in Case No. 283/1 of 1990 decided on 20.2.1995 and sentenced to under go imprisonment for a period of one year and to pay a fine of Rs. 2000/-. In default of payment of fine, he was further sentenced to under-go rigorous imprisonment for a period of three months. He filed an appeal No. 13/95. His appeal was accepted by the learned Sessions Judge and thereby acquitted him vide a detailed judgment passed on 27.12.1999.

(2.) HAVING felt aggrieved, the appellant-State filed the instant appeal on the ground that the first appellate Court had decided the matter in a slip shod and perfunctory manner. It had set unrealistic standards to evaluate the direct and cogent evidence of the prosecution. The reasoning given for acquittal is un-tenable, whereas, the trial Court elaborately dealt with the evidence and had appreciated the facts in its right perspective, therefore, prayed to set aside the impugned judgment and to uphold the conviction and sentence passed by the trial court.

(3.) THE prosecution in order to substantiate its case, examined PW1 Shri R.D. Dhiman Food Inspector and Shri R.L. Gupta, Dealing Assistant from the office of the Local Health Authority.