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1997 Supreme(Raj) 127

M.A.KHAN
LAL CHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Judgment

( 1 ) ON April 26, 1980 PW-1 Ranjeet Singh, the then Food Inspector Niwai Distt. Tonk (Raj) noticed Lal Chand petitioner offering, besides other foodstuffs. chillies powder for sale at his shop at Niwai. After informing the petitioner of his intention to get the chillies powder examined by Public Analyst for proof of adulteration, if any, therein the Food Inspector purchased 600 grams of chillies powder for Rs. 6/- only, prepared three samples therewith, sent one of them to the Public Analyst for analysis and deposited the remaining two with the Local (Health) Authority.

( 2 ) ON analysis the Public Analyst reported that the sample of chillies powder was adulterated as the same did not conform to the prescribed standard of purity. The sample powder contained non-permitted coaltar Die of "red Shade" as well. The Food Inspector there upon obtained the requisite written consent of the Local (Health) Authority, Tonk and filed a complaint against the petitioner in the Court of the Chief Judicial Magistrate, Tonk. The learned Magistrate tried the petitioner on charge u/s. 7d of the Prevention of Food Adulteration Act, 1954 (the Act) and found him guilty thereof. He accordingly c


























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