DAULAT RAM Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-11-12
HIGH COURT OF HIMACHAL PRADESH
Decided on November 18,1997

DAULAT RAM Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents





Cited Judgements :-

STATE OF H P. VS. CHIRANJI KUMAR [LAWS(HPH)-2007-6-33] [REFERRED TO]


JUDGEMENT

R.L KHURANA, J. - (1.)The petitioner, Daulat Ram, stands convicted by the learned Sub -Divisional Judicial Magistrate, Rampur, vide judgement dated 30 -6 -1994 for the offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954, (for short the Act) and sentenced to rigorous imprisonment for a period of one year and to fine of Rs. 2,000/ -. In default of payment of fine, the petitioner was sentenced to undergo simple imprisonment for a period of two months.
(2.)The conviction and sentence imposed upon the petitioner by the learned Magistrate was affirmed in appeal by the learned Sessions Judge Kinnaur at Rampur vide judgment dated 9 -4 -1997 passed in Criminal Appeal No. 1 -R/10 of 1995/94. By virtue of the present petition, the petitioner has approached this court assailing the conviction and sentence imposed upon him by the two courts below.
(3.)Briefly stated, the facts of the present case are these. On 24 -8 -1990 at about 3.30 p.m, the Food Inspector Shri B.L Justa, purchased 600 grams of "Suji" as sample from the petitioner out of about 3 Kgs. kept in a wooden box for sale to the general public. Such sample of "Suji" on having been sent to the Public Analyst was found to be adulterated since the same was found to be containing 261 living and dead insects. On the receipt of the report Ex. PD from the Public Analyst, the necessary written consent was obtained from the competent authority for the prosecution of the petitioner. A complaint was thereafter presented before the learned Magistrate on 27 -12 -1990 for the prosecution of the petitioner for the offence under Section 7 read with Section 16(1)(a)(i) of the Act.


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