STATE OF PUNJAB Vs. KEWAL KRISHAN
LAWS(P&H)-2008-2-99
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 22,2008

STATE OF PUNJAB Appellant
VERSUS
KEWAL KRISHAN Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA, J. - (1.) PRESENT revision petition is directed by the State of Punjab against the discharge of respondent in a complaint filed by Neelam Kumar, Food Inspector bearing complaint No. 45 dated 06.10.1993.
(2.) BRIEFLY stated that Neelam Kumar, Food Inspector had inspected the premises of the accused on 22.06.1993 and found him in possession of 15 dozen of Ferryman Synthetic vinegar. It is stated that Food Inspector purchased three bottles of 750 mis. of Ferryman Synthetic vinegar from the accused-respondent. The samples were sent to the public analyst who opined that the bottles are not labelled as required under Rule 32(3) of the Prevention of Food Adulteration Act, 1955. Chief Judicial Magistrate, Sangrur after going through the contents of the complaint, report of the public analyst has held as under : "In the light of the above discussion, I am constrained to hold that the month and year of the manufacture having been displayed on the sample purchased by the Food Inspector from the accused, no violation of Rule 32(e) of the Prevention of Food Adulteration Act can be held to have been committed by the accused. Hence I find no prima facie case for service of notice upon the accused. The complaint is dismissed and the accused is discharged".
(3.) LEARNED counsel appearing for the State has urged that the year and month had not been mentioned at the place which is meant on the label but though has been found on the label but not in the column meant for the same.;


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