- (1.) Petitioner-Elayash son of Kashim, resident of V.P.O. Manakpur, Tehsil Rurki, P.S. Jhabera, District Haridwar (Uttranchal) has filed the present revision petition against the judgment dated 30.7.2010 passed by learned Additional Sessions Judge, Yamuna Nagar, whereby his appeal against the judgment of conviction dated 5.11.2009 and order of sentence dated 6.11.2009 passed by learned Chief Judicial Magistrate, Yamuna Nagar at Jagadhri, was dismissed.
(2.) Learned Chief Judicial Magistrate, Yamuna Nagar at Jagadhri vide judgment dated 5.11.2009 held the petitioner guilty for commission of violation of provisions contained in Section 7 of the Prevention of Food Adulteration Act, 1954 (for brevity, "the Act"), punishable under Section 16(1)(a)(i) of the said Act and vide order dated 6.11.2009 sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month. Briefly, stated the facts of the case of the prosecution are that on 17.12.2000 at about 11.00 a.m. at Bus Stand, Bhambholi, complainant Prithvi Singh, Government Food Inspector (for short 'GFI') alongwith Dr. Rajiv Trehan, the then Medical Officer, PHC Buria and independent witness namely Vijay Singh inspected the premises of petitioner and found him in possession of about 15 kilograms of 'Sakkar' in a plastic palli (piece of plastic sheet) and demanded the sample thereof (Sakkar) by giving him notice in writing on Form VI prescribed under the Prevention of Food Adulteration Rules, 1955 (for short 'the Rules'). He purchased 750 grams of Sakkar after mixing the whole contents properly and making it uniform, from the petitioner after paying Rs.6/- to him. The Sakkar so purchased was divided in three equal parts and put in three bottles. 20 drops of formaline 40% were added as preservative in each bottle and the bottles were stoppered, packed, securely fastened, wrapped and sealed on the neck of the bottles. These bottles were labeled and again wrapped in strong thick paper. The slip bearing Code No. 4MN-DH/EH=A-959 issued by L.H.A. Yamuna Nagar was pasted from top to bottom on each bottle with gum.
(3.) The same were secured by means of strong twined thread and sealed with the seal of GFI and medical officer. The thumb impressions of the petitioner were also obtained in such a manner that both the paper slip and wrapper of the sample carry the part of his thumb impressions. One sealed bottle packed alongwith Form VII with specimen impressions of the seals used to seal the bottles in a box was sent to the Public Analyst, Haryana for analysis through special messenger namely Subhash Chand, SSK on 18.12.2000. After the receipt of report of the Public Analyst, Haryana, the sample was found having 11.89% of moisture contents, as against the maximum limit of 10.0% as laid down under the provisions of the Rules. On the basis of these facts i.e. report, the complaint was filed against the petitioner. Upon notice, petitioner appeared before the trial Court and was granted concession of bail.;