STATE OF HIMACHAL PRADESH Vs. RADHA KRISHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of acquittal passed by the learned Chief Judicial Magistrate, Solan, in case No. 100/3 of 1983 decided on 18 -9 -1985 involving offence under section 16 (I) (a) (i) read with section 7 of the Prevention of Food Adulteration Act. The State feels aggrieved by the same and assails this judgment by this appeal.

(2.) The brief facts of the case can be summarised in the way that Shri S. N. Sharma, Food Inspector (P. W. 1), visited the premises of the accused on 5 -4 -1983 and purchased 600 grams of gur against payment of60paise against a proper receipt (Ex. P. B.) for the purpose of analysis. The gur was divided into three equal parts, put in three clean and dry bottles which were properly corcked, labelled and sealed in accordance with law. A Panchnama was also prepared in the presence of witnesses and duly signed by them. The sample did not fulfil the standard requirements and hence challan was filed against the accused in the court for his prosecution.

(3.) The defence of the accused was that he did not sell the gur for human consumption to the Food Inspector. The same was meant for animals and was sold as such. He also states that the price realised by him for the same even from the Food Inspector at the time of taking the sample was at the rate of one rupee per kg. whereas the price of gur meant for human consumption was Rs. 2.50 per kg. He admits his signatures on the Panchanama but submits that he had specifically mentioned therein that the gur was meant for animal consumption and request in this regard was made with folded hands to the Food Inspector. Perusal of Ex. PA. and Ex. P. C at point ˜B and point A contained this writing on the part of the accused. Now, I proceed to examine the rival submissions of the learned counsel appearing for the parties.