HARPRATAP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal revision petition has been directed by the convict-petitioner against the concurrent findings of guilt arrived against him by the Courts below for the offence punishable under Section 16(1)(a)(1) and Section 16(1) (A) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act'), for which he was sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs. 1000/- for the offence under Section 16(1)(a) (i) of the Act and for one year and to pay a fine of Rs. 2000/- for the offence punishable under Section 16(1) (A) of the Act.

(2.) In short, the prosecution case is that in the year 1992, petitioner was running a shop in village Upper-Dadh Tehsil Palampur wherein, inter alia he had kept 'mirchi powder' for sale to the general public. On 19-5- 1992 at about 3 p. m., PW3 Food Inspector Sh. S. C. Sharma inspected his shop and gave him notice Ext. CW-3/B and purchased six sealed packets of 100 gms. each of mirchi powder having identical label of S. M. C. from his shop for analysis in the presence of PW- 1 Ajeet Kumar witness. The payment of the said article was made to the petitioner and receipt Ext. CW-3/A was obtained.

(3.) The samples were sealed as per law and marked with the code as Code No. KR- 1 and Sr. No. 3499. One sample of packet along with Form No. VII, copy of the same is Ext. CW-3/D in a sealed packet was sent through registered parcel to Public Analyst by Food Inspector, postal receipt of the same is Ext. CW-3/E. Both carried part of the signatures fastened and sealed each of the samples as required under Rule 16 of the Rules framed under the Act,