(1.) HEARD learned counsel for the parties and I have also gone through the record of this case.
(2.) PETITIONER in this case is aggrieved by the judgment passed by the learned Sessions Judge, Solan in Criminal Appeal No. 41-S/10 of 1992 dated 5th August, 1994. By means of this judgment, conviction and sentence imposed upon the petitioner by the Chief Judicial Magistrate, Solan in Case No. 145/3 of 1990 under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') has been upheld sentencing the appellant to undergo simple imprisonment for 6 months as well as to pay fine of Rs. 1,000/-, in default of payment of fine, he has been directed to undergo simple imprisonment for a further period of 2 months.
(3.) REGARDING non-mentioning of the sample having been taken of the curd by giving a vertical cut in the complaint, it may be appropriate to point out that since necessary facts which constitute an offence having been mentioned in the complaint and further if some essential fact/requirement is omitted from being mentioned therein, then the party concerned (petitioner in the present case) is well within his rights to urge that the prosecution is making improvements in its case as complained of during the course of its evidence. Similarly, the Food Inspector cannot be given a liberty of making improvements in the case under the Act as has been done in the present case regarding the manner of taking the sample of curd by him. Admittedly, the factum of vertical cut having been given to the curd from where the sample was taken, is missing in the present case. It has been held by the Hon'ble Apex Court as well by a Division Bench of Punjab and Haryana High Court that as far as possible in case of curd vertical cut needs to be applied for taking the sample of curd, as also facts need to be mentioned. Reference maybe made in this behalf to 1995 Supp. (3) SCC 405, K. Harikumar s/o Karunakaran Nair v. Food Inspector, Punaloor Municipality and to 1987 Prevention of Food Adulteration Cases Volume-I Page-2, The State of Haryana v. Rameshwar.