STATE OF H.P. Vs. SITA RAM

JUDGEMENT

(1.) This is an appeal against the judgment dated July 4, 1994 passed by the learned Sessions Judge, Hamirpur whereby the conviction and sentence awarded to the accused/respondent (hereafter referred to as the accused) by the learned Judicial Magistrate I -Class, Hamirpur under Section 16 (l)(a)(i) of the Prevention of Food Adulteration Act (hereafter referred to as the Act) has been set aside and the accused has been acquitted of the said offence.

(2.) The case of the prosecution, in brief, is that the accused is running a Karyana shop in village Lambloo. On November 28, 1991, PW -1 K.S. Verma, Food Inspector visited the shop of the accused and purchased 600 gms. of Besan for the purpose of sample on payment of price. The sample was thereafter divided into three equal parts and was kept in three neat, clean and dry bottles and was thereafter dealt with in accordance with the manner provided therefor. On analysis, the Public Analyst vide report Ext. PF found that the sample contained maize starch as an admixture whereas Besan should not contain any foreign ingredients. Thus, the Besan in question was found adulterated. After obtaining due sanction, PW -1 K.S. Verma initiated the prosecution of the accused by lodging a complaint against him under Section 16 (l)(a)(i) of the Act.

(3.) The accused came to tried by the learned Judicial Magistrate, I -Class (I), Hamirpur who vide his judgment dated February 27, 1993 held the accused guilty of the commission of offence punishable under Section 16 (l)(a)(i) of the Act and accordingly convicted and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/ -. In default of payment of fine, the accused was directed to undergo further simple imprisonment for three months.