S.S.GREWAL,J - (1.) THIS revision petition is directed against the order of Additional Sessions Judge, Karnal dated May 7, 1985, whereby the order of conviction and sentence passed against the present revision-petitioner under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, was maintained.
(2.) IN brief facts of the case are that Shri Kali Ram Government Food Inspector inspected the premises of the revision petitioner known as Ashoka Grinding Mills, Kunjpura Road, Karnal, in the presence of Dr. J.S. Sohi and L.K. Sharma. 7 kgs powdered chillies were found to be in possession of the revision petitioner which were meant for public sale. After disclosing his identity the Food Inspector purchased 600 grams of powdered chillies on payment of Rs. 12/- and revision petitioner issued a receipt in respect thereof. The powdered chillies so purchased were divided into three equal parts and the same were transferred in three dry and clean bottles which were stoppered, labelled and sealed. One of the sample bottles alongwith memo in form VII was sent to the Public Analyst for analysis in a sealed cover, whereas, the other two sample bottles were deposited with the Local Health Authority. Report of the Public Analyst Ex. P D, dated March 130, 1982, was received, whereby, the said sample was found to be adulterated, inasmuch as it gave ash insoluble in dilute HCL 1.58% against the maximum prescribed standard of 1.3% and grit 1.14% The Local Health Authority also sent one copy of the report of the Public Analyst to the revision petitioner by registered post giving him intimation that if he so desired he could get the second sample examined from the Director, Central Food Laboratory, Gaziabad, within a period of ten days of its receipt. Thereafter, prosecution was launched against the revision petitioner on 5.5.1982. On being summoned, the revision petitioner put in appearance in the court, as an accused. After recording percharge evidence, charge under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, was framed against the revision petitioner to which he pleaded not guilty and thereafter the petitioner was tried according to warrant procedure case instead of being tried summarily as required by Amending Act 34 which came into force in the State of Haryana from 1.4.1976. Notification giving summary powers to the Judicial Magistrate for the purpose of section 16-A of the Act to try all the offences under sub-section (1) of Section 16 of the Act, according to the summary procedure, was issued on 20th of October 1977.
(3.) THE accused in his statement under section 313 Cr.P.C. denied the allegations appearing in evidence against him and pleaded that the powdered chillies from which the sample was taken was not meant for sale, in the sample was taken under threat and that he does not indulge in sale of powdered chillies. He further stated that he only had engaged himself in grinding work for which he had obtained a licence. In his defence Ram Chand was examined as DWI.;