STATE Vs. VIKAS MAHAJAN

JUDGEMENT

(1.) Respondent Vikas Mahajan is owner of a factory located at Gangyal Jammu. It manufactures Basin. It was brought to the notice of the police authorities that this besan which is a product obtained from grinding black gram was being mixed with wheat flour and was being sold as such. It was further noticed that a truck bearing registration No. JKR-1237 was parked in the factory premises. This contained besan adulterated with wheat flour. This was seized. This led to proceedings being taken under Section 3/7 of the Essential Commodities Act. Samples were sent to the Public Analyst. It was found that the samples of besan were adulterated. Charge was framed under Sections 420, 272, 273 of the Ranbir Penal Code. The trial Court came to the conclusion that a case under Sections 272 and 273 of the Ranbir Penal Code was not made out. The view expressed was that the besan mixed with wheat flour may be adulterated but it is not noxious and it was also observed that it is not unfit for human consumption. This opinion expressed by the trial Magistrate on 12-7-1997 was challenged before the Court of revision. The Court of revision expressed an opinion that if wheat flour was being mixed with besan then this would also bring the case within the mischief of Sections 272 and 273 of the Ranbir Penal Code.

(2.) The Court of revision has expressed an opinion that once wheat flour was found to be mixed with besan then the substance would become noxious and the provisions of Sections 272 and 273 of the Ranbir Penal Code would be attracted. A reference has been made to this Court for setting aside the order of the learned trial Court so that further trial may commence.

(3.) The sample in question was analysed by the Public Analyst. He found that there was fungal growth. The presence of rodents hair and their excreta was also noticed. Further opinion was expressed that the samples of besan had plenty of admixture of foreign starch. Opinion was also expressed that the samples were adulterated.