SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Aggrieved by the judgments of conviction and sentence passed by the learned Judicial Magistrate Ist Class, Theog, on 14.08.2007/25.08.2007 and affirmed by the learned Sessions Judge, Shimla, on 13.02.2008, the petitioner has filed the instant revision petition under Section 397 of the Code of Criminal Procedure (for short 'Code') .

(2.) On a complaint having been filed by the Food Inspector, the petitioner was tried for an offence punishable under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short 'Act') . It was alleged therein that on 11.11.2005 at about 10.30 a.m., the Food Inspector/Complainant (for short 'Complainant') inspected the shop of the petitioner i.e. shop 'M/s Sood Brothers, Chhailla' and found the petitioner conducting the business of the shop as a proprietor thereof. He was having 4x500 grams poly packs of 'Gupta Special Agra Petha' on counter kept for sale to the general public. It was thereafter averred that the complainant after disclosing his identity issued notice, declaring his intention to take sample of 'Petha' for the purpose of analysis. Thereafter, the complainant purchased 3x500 grams poly packs of 'Petha' on cash payment of Rs.60/- and 'Petha' so purchased was separately labelled and wrapped into a thick paper.

(3.) After completing the requisite formalities, the complainant prepared the spot map in the presence of the witnesses Raj Kumar and Ashok Kumar. The sample was thereafter sent to the Public Analyst, Kandaghat and the same on examination was found to be misbranded as the month and year in which the product had been manufactured or packed and the month and year upto which the product was best for consumption had not been mentioned on the label. The complainant after obtaining sanction to launch prosecution against the petitioner filed the complaint before the learned trial Magistrate, who vide his judgment dated 14.08.2007/25.08.2007 convicted the petitioner and sentenced him to undergo simple imprisonment for six months and pay fine of Rs.1, 000/- under Section 16(1) (a) (i) of the Act and in case of failure to pay the fine, the petitioner was ordered to suffer further simple imprisonment for one month.