M.R.VERMA
Banarsi Dass – Appellant
Versus
State Of Himachal Pradesh – Respondent
JUDGMENT :
M.R. Verma, J. –
1. This petition is directed against the judgment dated 31.12.1999 passed by learned Sessions Judge, Bilaspur, whereby appeal preferred by the accused against the judgment dated 14.2.1995 passed by learned Sub-Divisional Judicial Magistrate, Ghumarwin convicting and sentencing the petitioner/convict/accused (hereafter referred to as the accused) under Section 16 (1-A) read with Section 7 (1) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) has been dismissed.
2. Brief facts leading to the presentation of this petition are that on 23.12.1989, Food Inspector, I.D. Verina (PW-1) visited the shop of the accused at Village Sihal where the accused had kept 40 kgs. of "Shakar" in a bag for sale. After disclosing his identity PW-1 expressed his intention to take a sample of the "Shakar" and served the accused with a notice of such intention and purchased 600 gms. of "Shakar" as sample on payment of Rs. 3/- as price thereof. The sample was then dealt with in accordance with the Rules and one part of the sample so purchased alongwith Form- 7 was sent to Public Analyst Chandigarh and the remaining two samples were deposited with Local
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