STATE OF HIMACHAL PRADESH Vs. BRAHM DASS

JUDGEMENT

(1.) Heard learned counsel for the parties and I have also gone through the records of this case.

(2.) In the present case the sample of Shakkar (Jaggery) from the premises of respondent No. 1 on 31-12-1987 by Kanwar Prem, Food Inspector of the local area of Hamirpur. After completing the codal formalities of disclosing his identity and intention to take sample of 'Shakkar' and on payment of Rs. 2.40 Ps. 600 gms. of Shakkar was purchased by the Food Inspector in presence of Bachiter Singh from respondent No. 1. The same was divided in 3 equal parts, put into 3 separate neat, clean and dry bottles, thereafter those bottles were properly packed, sealed and then one part was sent to the Public Analyst for analysis. After analysis, the Public Analyst, Central Testing laboratory, Kandaghat vide his report contained in Ex. PF opined that the sample contained orange coal tar dye, addition whereof is prohibited in an article of food and it is injurious to health. On this basis, Chief Medical Officer, Hamirpur gave sanction to prosecute the respondent vide sanction letter Ex. PF.

(3.) Complaint was filed in the trial Court, who after examining the witnesses and recording the statement of respondent under S. 313 of the Criminal Procedure Code, has acquitted both the respondents. It is this acquittal which is assailed by the State in the present appeal.