STATE OF H.P. Vs. RAM KUMAR
HIGH COURT OF HIMACHAL PRADESH
STATE OF H.P.
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Anoop Chitkara, J. -
(1.)Challenging the judgment of acquittal passed by Sessions Court, reversing the judgment of conviction for not possessing a proper license to run the shop and for selling sub-standard Haldi (Turmeric) in unsealed packets, the State has come up before this Court by filing the present appeal, seeking conviction of the shopkeeper.
(2.)The complainant, posted as the Food Inspector, filed a complaint dated 12.6.1998, against accused-respondent Ram Kumar seeking his prosecution for the offenses punishable under Section 16(1A) and 16(1) (a) (i) & (ii) of the Prevention of Food Adulteration Act 1954 (after now called as 'PFA Act').
(3.)The Food Inspector alleged in his complaint that on 18.4.1998, after associating his official Peon Krishan Lal (PW-1), as an independent witness, in his presence, he intended to take a sample of Haldi from the shop of respondent-accused. The complainant also asked the shopkeeper to produce the license for running the said shop, but he could not do so. The complainant further alleged that the accused showed him the license, which had already expired on 31.3.1998, i.e., 18 days prior to the date of inspection.
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