STATE OF H.P. Vs. ASHOK KUMAR

JUDGEMENT

(1.) On 21.12.1990 PW. 1 Jagat Ram, Food Inspector had visited the business premises of M/s. Ram Kishan Surinder Pal, Karyana Merchant at village Pukhari in Tehsil and District Chamba. One Avinash Kumar is the proprietor of the said business concern He was found in possession of four gunny bags of Besan each weighing 75 Kgs. for sale to the general public. PW-1 purchased 600 grams of Besan from said Avinash Kumar as sample for analysis. The sample was purchased after opening one of the four gunny bags. Such sample on having been analysed was found to be adulterated since it contained wheat starch as an admixture.

(2.) At the time of the sale of the sample of Besan by the abovesaid Avinash Kumar to the Food Inspector, it was brought to the notice of the Food Inspector that the Besan had been purchased by him from the present Respondent, the proprietor of M/s. K.V. Trading Company, Damtal.

(3.) After obtaining the requisite sanction from the competent authority, a prosecution was launched against Avinash Kumar of M/s. Ram Kishan Surinder Pal. During the pendency of the proceedings before the learned Chief Judicial Magistrate, Chamba on an application having been made by the said Avinash Kumar under Section 20-A of the Prevention of Food Adulteration Act (for short the Act), the present Respondent came to be impleaded as an co-accused. Be it stated that during the inquiry, on the basis of the application made by Avinash Kumar, under Section 20-A of the Act, the Respondent while appearing as AW 2 on 18.9.1991 had admitted having sold the Besan to the abovesaid Avinash Kumar. The trial for the offence under Section 16(1)(a) of the Act thus proceeded against Sh. Avinash Kumar and the present Respondent.