A.S.NEHRA,J - (1.) PETITIONER was convicted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954, and was sentenced to undergo R.I. for a period of six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, the petitioner was further directed to undergo R.I for a period of two months by Chief Judicial Magistrate, Faridabad, on 24th April, 1986. The appeal filed by the petitioner was dismissed by Additional Sessions Judge (III) Faridabad on 9th July, 1986. Hence this revision petition.
(2.) THE prosecution story in brief is as under :- On 19th March 1983, at about 6.00 a.m. Shri Piare Lal, Food Inspector along with Dr. R.K. Sharma, inspected the premises of the accused Bali Ram and found him having in his possession about 600/650 coloured ice candy for public sale contained in ice box. The Food Inspector demanded a sample of the coloured ice candy from the accused by giving him notice in writing in form VI as prescribed under the Prevention of Food Adulteration Rules, 1955. He purchased 16 pieces of said coloured ice candy from the accused on payment of 80 paise against receipts. The purchased ice candy was melted and after that it was divided into three equal parts and was put in three clean and dry bottles. Two drops of formaline per 25 mls. of the sample were added in each bottle. The bottles were then stoppered, labelled and wrappeal in strong thick paper. A paper slip bearing LHA code number and signatures was affixed on each bottle from top to bottom. After securing the bottles with strong thread, the bottles were sealed with the sealed of the Doctor and the Food Inspector. Thumb impressions of the accused were obtained on each bottle so as to cover the paper slip and the wrapper. One seal bottle along with memo in form VII was sent to Public Analyst, Haryana, Chandigarh, for analysis through railway parcel in a sealed box. Another copy of form VIII along with seal impression of the seals used for sealing the box was sent separately by registered post to Public Analyst Haryana, Chandigarh. Two sealed bottles along with two copies of memo in form VII were deposited with LHA, Faridabad. Public Analyst declared in his report that the sample contains articifical sweetner free from sugar and containing unpermitted yellow basis coaltar dye. As the sample was found adulterated, the present complaint was filed.
(3.) ON appearance of the accused, he was supplied with copy of complaint. In pre-charge evidence, Food Inspector Shri Piare Lal appeared as PW-1. From the documents on record and the statement of the Food Inspector, finding a prima facie case for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, charge was framed against the accused to which he pleaded not guilty and claimed trial.;