STATE OF H.P. Vs. RAM GOPAL

JUDGEMENT

(1.) The Respondent, hereinafter referred to as the accused, upon having been tried for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short: the Act) by the learned Chief Judicial Magistrate, Solan, was convicted for such offence and sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, the accused was sentenced to imprisonment for a further period of one month.

(2.) The learned Sessions Judge on 10.5.1995 allowed the appeal preferred by the accused and after setting aside the conviction and sentence imposed upon him by the learned Magistrate acquitted him of the offence. The conviction and sentence imposed upon the accused has been set aside by the learned Sessions Judge on a technical ground that the Public Analyst, Chandigarh was not competent to analyse the sample under the Act in respect of an article of food pertaining to the State of Himachal Pradesh. The report Ext. P-7 of the Public Analyst, was, therefore, ignored.

(3.) Admittedly, the sample of "Besan" taken by the Food Inspector from the accused was sent for analysis to the Public Analyst at Chandigarh and such sample was found to be adulterated since it contained the admixture of wheat starch.