Decided on December 27,1991



D.P.SOOD, J. - (1.) THE State of Himachal Pradesh has assailed the impugned judgment dated December 15 1987, passed by the learned Additional Sessions Judge (1). Kangra at Dharamsala regarding the order of acquittal in favour of the Respondent Joginder Kumar, for the commission of the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (shortly referred to as the "Act").
(2.) RESPONDENT is a partner of the firm named M/s. Lal Chand Mohkam Chand, Amritsar He and the firm were impleaded in the instant case pursuant to a notice issued to him under Section 13(2) of the Act during the pendency of the criminal case against the retail dealer. On 28th May, 1982, the Food Inspector Sh. Subhash Chand, visited the Karyana Shop of M/s. Devi ditta Mal Bishan Dass, Nagrota Bagwan and after disclosing his identity as such purchased 600 grams of chillies ' powder from Bishan Dass, partner of this firm with the intention to get it analysed Its price was paid against a receipt. The said powder was then transferred into three clean and dry bottles which were corked, wrapped -and sealed after fixing the proper seal provided by the Local (Health) Authority, after observing the codal formalities in accordance with law One of such bottles was sent to the Public Analyst who analysed the contents thereof and vide his report found that the sample contained A Oil Sol Coltar dye other than prescribed under the law. It also contained the extraneous matter in excess by 1.9% and total ash by 2.0% and, therefore, the sample was declared as adulterated Accordingly, he was prosecuted through a complaint tiled by the rood Inspector. During the pendency, as observed above, Respondent was impleaded. The learned Chief Judicial Magistrate, Kangra at Dharamsala, on appraisal of evidence acquitted the retail dealer, namely, Sh. Bishan Dass accused of the charge framed against him but convicted the wholesale dealer Sh. Joginder Kumar Respondent for the offence indicated above, vide his order dated 24th January, 1985. The said Judgment was appealed against which was accepted and the learned Additional Sessions Judge (1) Kangra, acquitted him of the charge which has now been assailed by the State of Himachal Pradesh in the instant appeal.
(3.) SHRI C.L. Sharma, Advocate, appearing for the Appellant has vehemently urged that the finding of the first appellate Court are contrary to the record and against law. According to him it has been proved by the bill Ex. PB that the Respondent sold chillies powder to Bishan Dass of M/s. Deviditta Mal Bishan Dass, referred to above on 8 -2 -1982. According to him the said firm has not produced any other cash -memo or bill whereby he could prove that chillies ' powder which was sold to the Food Inspector was purchased by the said firm from any other source except that of the Respondent Therefore, whether said chillies ' powder was being sold in open tin or in polythene bag does not make any difference,;

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