STATE OF HIMACHAL PRADESH Vs. OM KANT
LAWS(HPH)-1991-10-14
HIGH COURT OF HIMACHAL PRADESH
Decided on October 03,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
Om Kant Respondents

JUDGEMENT

D.P SOOD.J. - (1.) Through this appeal against the order of acquittal dated 2 -7 -l987, recorded by the learned Additional Sessions Judge, Kangra Division at Dharamsala, the only point pressed info service by the learned Assistant Public Prosecutor is "whether the sanction order Ex. PF is legal and valid ?
(2.) The respondent was the accused He was prosecuted under section 16 (1) (a) read with section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act), and sentenced by the trial Court to undergo rigorous imprisonment for six months and a fine of Rs 1,000 and in default of payment of fine to further undergo rigorous imprisonment for three months The judgment was challenged before the Additional Sessions Judge, Kangra Division who held the aforesaid sanction to be illegal and consequently acquitted the accused of the charge referred to above vide the impugned judgment. It is this judgment which has been assailed by the State through this appeal.
(3.) Briefly stated, the facts are that the Food Inspector purchased 450 grams of Bari Illaichi (Carda Momium) for analysis from the accused on August 6, 1983 at Rajpura. Tehsil Palampur and transferred it in three dry and clean bottles in equal proportions and these bottles were then corked, wrapped and sealed with paper slip, Also after observing other codal formalities, one of the sample was sent to the Public Analyst the contents of which were found to contain 18.25% of mould affected Bart Illaichi capsules Resultantly, a complaint was filed in the Court of the learned Sub -Divisional Judicial Magistrate Palampur by the Food Inspector after obtaining sanction Ex PF from the Local (Health) Authority, Dharamsala under section 20 (1) of the Act. The complaint was tried in a summary way in accordance with law and accused was sentenced and convicted vide his judgment. dated January 23, 1985 which was appealed against and reversed as indicated above. The learned Counsel for the parties advanced the arguments in support of their claim.;


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