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1989 Supreme(P&H) 948

A.L.BAHRI
Sadhu Ram – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. Sadhu Ram was tried for committing an offence under S.7 read with S.16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) for being in possession of 10 Kgs of ground chillies powder, for sale, sample of which was not according to the prescribed standard as per report of the Public Analyst. In the sample, it was found that it contained 11.8% ash and 4.9% ash insoluble in dil hel against the maximum prescribed standard of 8% and 1.3% respectively. The sample also contained grit to the extent of 4.5% and oil soluble red coal tar dye. During the pendency of the trial at the instance of the petitioner, another sample was sent to the Director, Central Food Laboratory. The said sample did not show the existence of oil soluble red coal tar dye or contaminated discrepant with ash, soluable and dil hel. The ash did not contain any grit. However, the sample showed the presence of dead insects and one extraneous iron part clear. After the complainant had led evidence and the accused (petitioner) had made his statement and led defence evidence, in view of the decision of this Court in Ravi Ghai V/s. State of Punjab (1985) 1 Chand LR (Cri) 392, th







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