GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 19-9-1994 passed by learned Additional District and Sessions Judge, Gangapur City whereby the appeal of the accused petitioner against the judgment and order dated 6-6-1989 passed by the learned Additional Chief Judicial Magistrate, Hindaun City was dismissed and the conviction of accused petitioner under Section 7/16 of the Prevention of Food Adulteration Act was maintained.

(2.) Learned trial Court finding the accused petitioner guilty of offence of adulteration of food awarded punishment of one year rigorous imprisonment and to pay a fine of Rs. 1,000/- in default of payment of fine to further undergo 3 months' rigorous imprisonment. The said sentence was maintained by the learned Appellate Court.

(3.) According to the prosecution, on 9-8-1983 at 3.00 PM during the day in the shop situated in Todabhim, District Hindaun, the Food Inspector surveyed the shop of the accused petitioner and took the sample of 600 gms of coriander ("Dhania" powder) on payment and said sample was sent for sample test to the State Laboratory. The State Laboratory gave its report Exhibit P-7 and found the sample adulterated as not conforming to the prescribed standard. The total ash was found to be 8.57% as against the prescribed standard of "not more than 7% by weight" as prescribed in Rule A. 05-8- 2001 of Appendix "B" under Rule 5 of the prevention of Food Adulteration Rules, 1955, and the ash insoluble in dilute HCL was found to be 1.82% as against the prescribed standard of not more than 1.5% by weight. Upon further investigation by Central Laboratory, vide Exhibit C-1, again the said sample was re-tested and in the opinion of Central Laboratory the sample was found to be adulterated and the total ash was found to be 9.0% as against 8.57% found by the State Laboratory and ash insoluble in dilute HCL was found to be 2.4% as against 1.82% found by the State Laboratory.