STATE OF HIMACHAL PRADESH Vs. GAURI SHANKER

JUDGEMENT

(1.) THE State, by this appeal, challenges the order of acquittal passed by Sub-Divisional Judicial Magistrate, Dehra, in Criminal Complaint No. I-III/8 decided on 13-12-1985 relating to offence under sections 16(1)(a)(i) and 16(i) read with Section 7 of the Prevention of Food Adulteration Act.

(2.) THE facts, in brief, are that the accused is running a shop at Jawalamukhi. Food Inspector, Shri J. K. Patyal, visited the same on 12.10 1981 and took sample of wheat atta for the purpose of analysis out of the stock kept by the accused for sale The sample, 750 grams, was placed in three clean and dry bottles in equal parts, sealed and after undergoing other requirements, was sent to the Public Analyst, Kandaghat. The report of the Public Analyst was as under :

(3.) THE trial Court primarily came to the conclusion that there was no sanction for the prosecution of the accused under Section 20 of the Act. In view of the same, the trial court held that the present proceedings against the accused are without sanction and are thus vitiated. The trial court further held that the prosecution failed to Prove beyond reasonable doubt the impossibility of germination of insects in natural course in the sample bottles even after sealing the same. On the culpability of Radha Krishan accused, the court found that the cash memo/voucher did not connect the atta purchased by the accused with the sample.