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SHAM SUNDER
Rajinder Kumar – Appellant
Versus
State of Haryana – Respondent


Counsel for the Parties:
For the Petitioner:Mr. N.C. Kinra & Mr. Harsh Kinra, Advocates.
For the Respondents: Mr. Kartar Singh, AAG.

JUDGMENT

Sham Sunder, J. —This revision petition is directed against the judgment dated 13.3.2007, rendered by the Court of Additional Sessions Judge, Rohtak, vide which it dismissed the appeal of the revision petitioner, against the judgment of conviction dated 20.7.2005, and the order of sentence dated 22.7.2005, passed by the Chief Judicial Magistrate, Rohtak, convicting him, for the offence, punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter called as ‘the Act’ only), and sentenced him to undergo simple imprisonment for one year, and to pay a fine of Rs.1,000, and in default of payment of the same, to undergo further simple imprisonment for a period of two months.

2. The facts, in brief, are that on 11.12.1996, Mr. M. L. Wadhwa, Government Food Inspector, accompanied by Dr. H.O. Manchanda, Medical Officer, General Hospital, Rohtak, inspected the premises of the petitioner at Rohtak. The petitioner was found in possession of 3 kgs. chilly powder, for sale. The Government Food Inspector purchased 450 grams chilly powder after completing the necessary formalities. The chilly powder so purchased, was divided into three equal parts,

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