STATE OF H.P. Vs. VIPAN KUMAR

JUDGEMENT

(1.) This is an appeal against the judgment dated 6.9.1996 passed by the learned Sessions Judge, Hamirpur whereby the conviction of and sentence imposed on the accused-Respondent (hereinafter referred to as 'the accused' ) under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') by the learned Chief Judicial Magistrate, has been set aside,

(2.) Case of the prosecution, in brief, is that PW-1 K.S. Verma, Food Inspector, purchased cloves from the business premises of the accused on 3.9.1992 at about 5.45 p.m. for analysis. On analysis of the part of the sample sent to the Public Analyst, the sample was not found to be conforming to the prescribed standard inasmuch as the sample was found to contain organic extraneous matter 3.15% by weight against the maximum prescribed standard of 2%. Therefore, after obtaining the written consent of the competent authority, the Food Inspector launched the prosecution against the accused, who came to be tried by the learned Chief Judicial Magistrate for the accusations under Section 16(1)(a)(i) of the Act and was finally convicted and sentenced to simple imprisonment for 6 months and to pay a fine of Rs. 1,000/-. In default of payment of fine, the accused was ordered to undergo further simple imprisonment for three months.

(3.) Feeling aggrieved, the accused preferred an appeal which was heard and accepted by the learned Sessions Judge, Hamirpur and the conviction of and sentence awarded to the accused were set aside and he was acquitted of the accusations. Hence the present appeal by the State.