STATE OF H.P. Vs. NOOR DIN

JUDGEMENT

(1.) IT is against the acquittal of the accused Noor Din, in Crl. Appeal No. 58 of 1983, decided on 23.3.1985 by the learned Sessions Judge, Kangra Division, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') that the State has filed the present appeal.

(2.) THE facts, in brief, are that on 9.8.1982 Sh. Jagat Ram, Food Inspector (P.W.1), intercepted the accused at Dogra Bazar, Chamba, while carrying one tin of desi ghee for sale. Sample to the extent of 450 gms., on payment of Rs. 13.50 after serving a notice, as required, on the accused, was taken. After undergoing the formalities as required under the Act and the Rules, the same was sent to the Public Analyst for analysis and it was found; after analysis (Ex.PW) dated 21.9.1982, as under :-

(3.) THE defence of the accused has been that he was not interpreted by the Food Inspector (P.W.1) at Dogra Bazar, Chamba, as alleged; as a matter of fact, the Food Inspector came to the shop of Mattaditta (P.W.4), a whole-sale dealer in desi ghee. He further sates that he was no longer the owner of the ghee as by this time, the same had been sold to Mataditta (P.W.4). He admits receipt of notice to him by the Food Inspector (P.W.1) at the time of taking the sample as well as on Panchayat but alleges that he signed the same as a witness.