DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner-Dinesh Kumar, is a shopkeeper and carrying on business in village Gumma under the name and style of Messrs Chauhan and Brothers. On 28-6-1991 the Food Inspector Shri J. K. Patyal at about 10.25 a.m. had purchased 750 grams of "Besan" as sample for the purpose of analysis from the petitioner. At that time the petitioner was having about 70 kgs. of "Besan" for sale to the general public. Such sample of "Besan" on having been analysed was found to be adulterated since it was found to contain wheat and maize starch as an admixture. Besides, eight living and dead insects were found present in the sample.

(2.) A complaint for the prosecution of the petitioner was, therefore, made by the Food Inspector before the learned Judicial Magistrate (I), Shimla. During the trial, the petitioner made an application under S. 20-A of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') for impleading Messrs Jagat Ram Mukandi Lal and Company, Parwanoo, as an accused on the ground that the "Besan" from which sample was taken by the Food Inspector was purchased by him from the said firm under invoice Ext. DB. The learned Magistrate had impleaded the firm Messrs Jagat Ram Mukandi Lal as a co-accused.

(3.) The petitioner and the firm impleaded as a co-accused pleaded not guilty and claimed trial. The learned Magistrate upon consideration of the material placed before him acquitted Messrs Jagat Ram Mukandi Lal and Company of the offence under S. 16(1)(a)(i) of the Act. The learned Magistrate came to the conclusion that the petitioner had failed to prove that the "Besan" was purchased by him from the said firm vide invoice Ext. DB.