STATE OF HIMACHAL PRADESH Vs. PREM SINGH

JUDGEMENT

(1.) This is an appeal against the judgment dated November 15, 1995 passed by the learned Additional Sessions Judge, Kullu whereby the conviction of and sentence awarded to the accused/respondent (hereafter referred to as the 'accused') under Section 16(1-A)(i) of the Prevention of Food Adulteration Act, 1954 (hereafter referred to as the 'Act') by the learned Chief Judicial Magistrate, Kullu vide his judgment dated May 26, 1995 has been set aside, by the State.

(2.) The case of the prosecution, in brief, is that P.W. 1 P. L. Sharma, Food Inspector purchased a sample of 'Mirch Powder' from the business premises of the accused at Manglore and the sample so purchased was dealt with as per the rules. On analysis, the sample was found not conforming to the prescribed standard inasmuch as the month and year of manufacture and batch number were not mentioned. Address given as 'M' and 'S' Company, Delhi was not complete address. Total ash was 20-1% against the maximum prescribed limit of 8 per cent. Ash insoluble in dilute Hcl is 12.5% against the maximum prescribed limit of 1.3%. Non-volatile ether extract was 6% against the minimum prescribed standard of 12%. Unpermitted oil-soluble coal tar dye was present and use of unpermitted colouring matter in an article of food is not safe for human consumption. Sodium chloride was also present in the sample of the "Mirch Powder".

(3.) After getting the sanction of the prescribed authority, the Food Inspector launched prosecution against the accused who came to be tried by the learned Chief Judicial Magistrate for the accusation under Section 16(1-A)(i) of the Act and was finally convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 2000/- and in default of payment of fine, to undergo simple imprisonment for six months.