STATE OF HIMACHAL PRADESH Vs. JOGINDER KUMAR
LAWS(HPH)-1997-9-16
HIGH COURT OF HIMACHAL PRADESH
Decided on September 02,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
JOGINDER KUMAR Respondents




JUDGEMENT

R.L.KHURANA, J. - (1.)THE State is hereby assailing the correctness, propriety and legality of the order passed by the learned Judicial Magistrate Ist Class (I), Dharamsala, in P.F.A. Case No. 109 -III of 1990, on 28.6.1991, by which he acquitted the respondent of the charge under Section 7 read with Section 16(1)(a)(i), Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.
(2.)ON 13.7.1989, the Food Inspector, Shri S.C. Sharma, purchased 600 gms of 'Besan', out of about 10 Kgs. kept in an open tin for sale to the general public. After completing the formalities, the sample was sent to Public Analyst for the purpose of analysis. Such sample of 'Besan' was found to be adulterated, since the same contained six living and three dead (Adult insects) "Susries". On the receipt of report of Public Analyst, the necessary written consent was obtained from the competent authority for the prosecution of the respondent. A complaint was thereafter presented before the learned Magistrate on 17.10.1989, for the prosecution of the respondent for the offence under Section 7 read with Section 16(1)(a)(i) of the Act.
(3.)THE prosecution in order to substantiate its case, examined PW.1 Shri S.C. Sharma, Food Inspector, PW.2 Punnu Ram, the independent witness joined at the time of taking of the sample, and PW.3 Vinod Kumar, dealing Assistant of the office of the Local Health Authority, District Kangra.
After appreciating the evidence coming on record, the learned Magistrate acquitted the respondent of the offence charged against him. The learned Magistrate came to the conclusion that the 'Besan' from which the sample was taken was to be made homogeneous. In arriving at such conclusion, the learned Magistrate placed reliance on the ratio laid down by a Division Bench of this Court in Bhagat Ram v. State of H.P., 1986 Sim.L.C. 281.



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