L.N. Mittal, J. - (1.) STATE of Haryana has filed this appeal assailing acquittal of Respondent -accused Papinder Kumar by learned Sub Divisional Judicial Magistrate, Gohana vide impugned judgment dated 29.8.1995.
(2.) GOVERNMENT Food Inspector (for short 'GFI') filed complaint against Respondent -accused Papinder Kumar for his prosecution under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') on the averments that sample of Besan seized from the shop of the Respondent -accused on 14.11.1986 was found to contain four living weevils, one dead weevil and three living meal worms, as per report of Public Analyst and, therefore, the sample was adulterated. Notice of accusation for offence under Section 7 read with Section 16(1)(a)(i) of the Act was served upon the accused -Respondent, who pleaded not guilty and claimed trial.
(3.) DR .V.K. Bansal, PW1 (Medical Officer) and Hukam Singh, the then GFI PW3 stated about taking sample of Besan from the shop of the accused -Respondent and necessary procedure followed for sealing and labelling the same. Hukam Singh, GFI also stated about subsequent proceeding after receipt of the report of Public Analyst. Jai Singh, Clerk, PW2 stated that copy of report of Public Analyst alongwith forwarding letter was sent by Local Health Authority to the accused.;