55 0 CrlRevn NO1441 of2003 1 IN THE HIGH COURT OF PUNJAB 8 HARYANA AT CHANDIGARH CrlaRevneNO1441 of2003 DATE OF DECISION March 082010 Shiv Charan eeePETITIONER 1 VS 0 0 State of Haryana I C0 RESPONDENT I CORAM HONBLE MRe JUSTICE MOHINDER PAL Z PRESENT MrPSChauhan Advocate as amicus curiae U for thepetitioner r MrMunish Deswal General I Haryana for the a5 00 MOHINDER PAL Je 2 Z This revision petitionhas been flled by petitioner Shiv L1 Charan againstthe dated 10072003 passedby the Additional SessionsJudgePanipatwherebyappealagainstthe of convictlon orderdated 02 081999 and sentence order dated 03081999 passedbythe ChiefJudicial MagistratePanipatconvicting thepetitioner under Section 16 ll6a9619 read with Section 70f the Prevention of Food AdulterationAct 1954 6for short the Actl and him to undergorigorous iinprisoninent for a periodof six monthsand to pay a fine ofRs10001 ln default whereof to undergofurther rigorousimprisonment for a periodof one month was dismissed The facts of the case in brie are that on . uma 2012.10.06 15: 12 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 56 0 CrlRevn NO1441 of2003 2 27 11991 TejaSinghGovemment Food InspectorPanipatwho was by DrPlCGandhi Medical Offlcer the business premisesof accused Shiv Charan at PanipatHe was found in of 10 kilograms of Mirchi Powder in a Peepafor publicsale The Government Food Inspector had 600 grams of Mirchi 1 1 Powder againstRs3 61 after disclosinghis identity and servinga 110tlce 0 upon the accused After the Mirchi Powder it was divided into 0 threeequalpartsand was putin threedry clean and emptybottles which 0 were tightlyThe same were sealed properlyThereafter an I inttmation was sent to the Local Health AuthorityKarnal One sample was Z sentto the Public AnalystHaryana for its analysisThe Public m C Analystvide report ExPE opinedthat the saInplewas found to be adulterated After receivingthe reportof the Public Analystthe present 08 coinplaint was instituted against thepetitioner OO On the basis of evidence adduced by the n7 Z the accused was chargedunder Section 166199 read with n Section 70fthe Act He did not pleadguiltyto thechargeand clalmedtrial In support of its case the prosecutionexamined GovernmentFood InspectorTejaSinghPH DrlKGandhi PW2 Ranl SinghClerk PW In his statement recordedunder Section 313 of the Code of Criminal Procedure petitlonerShiv Charan denied the prosecution allegations and pleadedinnocence No evidencewas led bythepetitioner in defence 1 have heardthe learned counsel for the partiesand have gonethrough the recordsofthe case . uma 2012.10.06 15: 12 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 57 0 CrleRevneNO1441 of2003 3 ofMirchi Powder takenbythe GovernmentFood from accusedhiv Charan was found adulteratedby the Public Analyst which proved that the sampIe of Mirchi Powder was found to be adulteratedas the same was containing nce starchand colour with added red oil soluble coaltar dyeThe provisions of Section of the Act were coinpliedwith in this case The accusedwhile being CL exaininedunder Section 313 of the Code of Criminal Procedure had not 0 0 taken the stand nor he ever informed the Court regarding I C5 norreceiptof the report of the Public AnalystThe Government Food I deposed that as per provisions of Section 13629 of the Act the Z copyofthe result ofthe Local HealthAuthorityalongwith letter r was sent through post to the accused PW Ram SinghClerk I speciflcallydeposedthat the accused was informed throughforwarding 08 letter ExX and the postalreceiptin this regard1 ExY Thus the QO accused cannot be said to have been on this score The 3 Z prosecutioncase has been by the evidence of 1ja Singhthe Qm Govemment Food Inspector6PH and DrPKGandhi Medical Ofcer PW2l The salnple was taken by the Govemment Food l nspectorTeja Singh00W in the presenceof DrPKGandhi oM The witnesses had no enmitywith the accused to falselyimplicate him lll this case The evidence producedby the clearlyprovesthat the sampleof Mirchi Powder meant for publicsale was seized from the accused which was sent to the Public AnalystHaryana for analysiswho vide reportExE found the same adulterated as mentioned above ln fact leamed counsel for the petitionercould not seriously challenge the prosecution case duringthe course of argunlentwhich stands . uma 2012.10.06 15: 12 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 58 0 Crlevn NO1441 of 2003 4 proved on recorcl As suchconvictionof Shiv Charan under Section 16a9O9 read with Section 70f the Act as recordedbyboth the Courtsbelow is maintained However in view the factsand circumstancesof the case the fact that Swordof Damocles has remainedhanging 1 over the head of Shiv Charan for the last more than 0 case relatesto271 11 991 and the faced 0 lncarceration for 718 daysafler his appealwas dismissedby the lower I C5 Court I anl of the consideredopinionthat endsofjusticewill be I er met if the sentence awardedto the is reduced to the Z already by him and sentence of flne is enhancedto 0 Rs0001 I order accordinglyby the sentence order The I will depositthe ainount of ftnein the trial Court within a periodof 08 oo two monthsfrom the date of receiptof a certified copy of this order to say if the petitionerfails to complywith the direction of m3 Z the amount of fine of Rs0001 in the trial Court Within the above the sentence of rigorous as awarded byboth the Courts below shall remainunaltered With the above condltional modiflcation in the sentence Orderthis petitionis dismissed 7 March 08 2010 1 JUDGE Jt 1 1 . uma 2012.10.06 15: 12 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document