- (1.) Present revision is directed against the judgment of conviction dated 15.02.2005 and order of sentence dated 18.2.2005 passed by learned Sub Divisional Judicial Magistrate, Guhla [District Kaithal], whereby the petitioner was convicted and sentenced as under:- JUDGEMENT_160_LAWS(P&H)8_2016.html The appeal filed by the petitioner was dismissed by learned Sessions Judge, Kaithal vide judgment dated 12.03.2007.
(2.) Relevant facts for the purpose of decision of this petition; that on 14.07.1999 at about 1.00 PM, Government Food Inspector, [Complainant] inspected the premises of the petitioner, who was running a dhaba. At that time, the petitioner was found to be in possession of 1 Kg. of Lal Mirch [Red chilli] powder for preparation of vegetables for public sale contained in an Iron Dibba [tin]. The Food Inspector purchased 450 gms. of red chilli powder against cash payment and took the same into his custody. After converting the same into three portions and sealing the same, the sample was sent to Public Analyst and as per report [Ex PH] of Public Analyst, the sample was found to have total ash 10.0% and in the second report, it was found to be 9.2%. Presence of red and orange synthetic oil soluble colour was also detected and as such, the sample did not conform to the standard required under Prevention of Food Adulteration Rules, 1955.
(3.) After completion of investigation proceedings, challan was presented in the Court for trial.;