NEEL KAMAL NARENDER MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted by Chief Judicial Magistrate, rohtak under Section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') on 5. 10. 2005. Vide order dated 7. 10. 2005, the petitioner was sentenced to undergo simple imprisonment for one year and to pay fine of Rs. 1,000. The petitioner challenged his conviction and sentence by filing the appeal, which has been disposed of by Additional sessions Judge, Rohtak on 6. 7. 2006 by maintaining the conviction of the petitioner and reducing the sentence of imprisonment to nine months. The present revision has thereafter been filed by the petitioner, wherein notice was issued regarding quantum of sentence only.

(2.) LEARNED counsel for the petitioner submits that the sample of sweetened carbonated water was taken on 13. 4. 2002. The petitioner thereafter faced the agony of trial for a period of another nine months. The petitioner was taken into custody on 6. 7. 2006, when his appeal was dismissed by additional Sessions Judge, Rohtak. Learned counsel for the petitioner further contended that the only fault committed by the petitioner was that he had not put labels on the bottles which contained sweetened carbonated water and accordingly, the ingredients were not made known to the public.

(3.) LEARNED counsel for the State submits that the petitioner violated the provisions of Rule 32 of the Prevention of Food Adulteration Rules as the sweetened carbonated water was not labelled and further that the sample contained saccharine sodium.