STATE OF HARYANA Vs. BALDEV RAJ
LAWS(P&H)-2015-4-295
HIGH COURT OF PUNJAB AND HARYANA
Decided on
April 01,2015
STATE OF HARYANA
Appellant
VERSUS
BALDEV RAJ
Respondents
Referred Judgements :-
TULSIRAM KANU VS. STATE [REFERRED TO]SURAJPAL SINGH VS. STATE [REFERRED TO]
AHER RAJA KHIMA VS. STATE OF SAURASHTRA [REFERRED TO]
BALBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
M G AGARWAL M K KULKARNI VS. STATE OF MAHARASHTRA [REFERRED TO]
NOOR KHAN VS. STATE OF RAJASTHAN [REFERRED TO]
KHEDU MOHTON VS. STATE OF BIHAR [REFERRED TO]
LEKHA YADAV VS. STATE OF BIHAR [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
UMEDBHAI JADAVBHAT VS. STATE OF GUJARAT [REFERRED TO]
K GOPALREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
RAM KUMAR VS. STATE OF HARYANA [REFERRED TO]
MADAN LAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
SAMBASIVAN VS. STATE OF KERALA [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
HARIJANA THIRUPALA VS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH HYDERABAD [REFERRED TO]
C ANTONY VS. K G RAGHAVAN NAIR [REFERRED TO]
STATE OF H P VS. NARENDRA KUMAR [REFERRED TO]
STATE OF KARNATAKA VS. K GOPALAKRISHNA [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF GOA VS. SANJAY THAKRAN [REFERRED TO]
FOOD INSPECTOR BHIMAVARAM MUNICIPALITY VS. KOPOURAVARI VENKATESWARULU [REFERRED TO]
STATE OF PUNJAB VS. RAMAN KUMAR [REFERRED TO]
MURALIDHAR @ GIDDA VS. STATE OF KARNATAKA [REFERRED TO]
JUDGEMENT
Paramjeet Singh, J. -
(1.)THE present criminal appeal has been preferred against the judgment dated 26.03.2002 passed by the Chief Judicial Magistrate, Panipat whereby respondent -accused (for brevity, 'accused') has been acquitted of the charge framed against him under Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (for brevity, 'the Act').
(2.)BRIEF facts of the case are to the effect that on 12.04.1995, Sh. D.K. Sharma, Govt. Food Inspector along with Dr. V.K. Malhotra, District Health Officer, Panipat inspected the premises of accused at Panipat. The Govt. Food Inspector purchased 450 grams of Lal Mirchi Powder from the accused for a price of Rs. 18/ - only after serving him with a notice in Form No. VI. The sample was divided into three equal parts and put into separate dry bottles. The said bottles were duly sealed, as per procedure laid down under the Act. A bottle of sample along with memorandum in Form No. VII was sent to Public Analyst, Haryana for analysis. Remaining two bottles of sample were deposited with Local Health Authority, Panipat. The report of Public Analyst, Haryana indicated that the sample was sent in a glass bottle and not in a packed container, as per rules. The report further stated that eight dead insects as well as rice starch were discovered in the sample. The sample was also found coloured with added prohibited red oil soluble coaltar dye. A copy of the said report was sent to accused by registered post by Local Health Authority, Panipat. The Govt. Food Inspector launched prosecution against the accused by filing the complaint under Section 7/16 of the Act.
The accused was summoned and admitted to bail. On the basis of pre -charge evidence, the accused was charge -sheeted under Section 16(1)(a)(i) of the Act.
(3.)IN after -charge evidence, the complainant tendered into evidence the deposition of Sh. D.K. Sharma, Govt. Food Inspector, recorded by way of pre -charge evidence. The complainant also examined Dr. V.K. Malhotra, Medical Officer as PW 2 and Mani Ram, Steno, Local Health Authority, Panipat at PW 3.
(2.)BRIEF facts of the case are to the effect that on 12.04.1995, Sh. D.K. Sharma, Govt. Food Inspector along with Dr. V.K. Malhotra, District Health Officer, Panipat inspected the premises of accused at Panipat. The Govt. Food Inspector purchased 450 grams of Lal Mirchi Powder from the accused for a price of Rs. 18/ - only after serving him with a notice in Form No. VI. The sample was divided into three equal parts and put into separate dry bottles. The said bottles were duly sealed, as per procedure laid down under the Act. A bottle of sample along with memorandum in Form No. VII was sent to Public Analyst, Haryana for analysis. Remaining two bottles of sample were deposited with Local Health Authority, Panipat. The report of Public Analyst, Haryana indicated that the sample was sent in a glass bottle and not in a packed container, as per rules. The report further stated that eight dead insects as well as rice starch were discovered in the sample. The sample was also found coloured with added prohibited red oil soluble coaltar dye. A copy of the said report was sent to accused by registered post by Local Health Authority, Panipat. The Govt. Food Inspector launched prosecution against the accused by filing the complaint under Section 7/16 of the Act.
The accused was summoned and admitted to bail. On the basis of pre -charge evidence, the accused was charge -sheeted under Section 16(1)(a)(i) of the Act.
(3.)IN after -charge evidence, the complainant tendered into evidence the deposition of Sh. D.K. Sharma, Govt. Food Inspector, recorded by way of pre -charge evidence. The complainant also examined Dr. V.K. Malhotra, Medical Officer as PW 2 and Mani Ram, Steno, Local Health Authority, Panipat at PW 3.
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