STATE OF HIMACHAL PRADESH Vs. AMAR CHAND

JUDGEMENT

(1.) This appeal is filed by the State against an order of acquittal recorded by Sessions Judge, Bilaspur, on 8th January, 1997 in Criminal Appeal No. 7/10 of 1992.

(2.) Briefly stated the facts are that on 7th August, 1989, one Mr. I.D. Verma Food Inspector for the local area of District Bilaspur visited Halwai shop of respondent -accused situated at Shri Naina Devi Ji in the presence of Sukhdev Singh and Dila Ram. On inspection of the shop of the accused, the complainant found a bag containing 50 kg of Suji kept in the shop by the accused for preperation of Halwa for sale to general public as Mela of Sawan Ashtami was in progress. The complainant disclosed his identity to the accused and expressed his intention to take sample of Suji for analysis. A notice for the said purpose was issued to the accused and 600 gram of Suji was purchased by the complainant for a consideration of Rs. 2.40 paise. A receipt to that effect was also issued. The sample was thereafter taken by the complainant after making a homogenous mixture of the Suji lying in the bag with the help of hard Bambu. The sample was divided in three equal parts and those parts were put in three different dry and clean bottles. It was the case of the prosecution that on analysis the article was found to be adulterated and as the report of the Public Analyst Ex. PW 1/K dated 14th September, 1989, discloses "contents of the sample contained 15 living Insects", a case was registered against the accused.

(3.) At the conclusion of the trial, the Chief Judicial Magistrate, Bilaspur, by a judgment and order dated 5th February, 1992, held the prosecution case proved against the accused and convicted him for the offence punishable under Section 7 (1) read with Section 16 (1)(a) (i) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as "the Act"). After hearing the accused on the question of sentence, the learned Chief Judicial Magistrate ordered him to undergo simple imprisoment of one year and to pay a fine of Rs. 1,000/ -. In default of payment of fine the accused was further ordered to undergo simple imprisonment for three months.