State (Food Inspector U. T. Chandigarh) vs Titu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3007

N. S. SHEKHAWAT
State (Food Inspector U. T. Chandigarh) – Appellant
Versus
Titu – Respondent

Advocates Appeared:
Mr. Y.S. Rathore, APP, U.T., Chandigarh assisted by Mrs. Sudha Singh and Mr. Yuvraj Singh Rathore, Advocates; For the Appellant
Ms. Anita Garg Jain, Advocate for Respondent No. 1.
Respondent No. 2 died.

Table of Content
1. acquittal under the prevention of food adulteration act (Para 1 , 2)
2. arguments on food samples and sale intent (Para 4 , 5 , 6 , 7)
3. trial court's findings on evidence and procedural safeguards (Para 8 , 9 , 10)
4. standard of review in appeal against acquittal (Para 11)
5. dismissal of appeal and affirmation of acquittal (Para 12 , 13 , 14 , 15)

JUDGMENT

N.S. Shekhawat, J.

Assailing the impugned judgment dated 07.03.2007 passed by the learned Chief Judicial Magistrate, Chandigarh, whereby the respondents were ordered to be acquitted of the charge under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'the Act'), the Union Territory of Chandigarh has preferred the present appeal before this Court.

2. As per the complaint instituted by the appellant/State; at about 3.30 p.m., on 21.02.1986, Balbir Singh, Food Inspector inspected the premises of accused Dharam Pal and found the accused Titu having in his possession about 5 kgs of tonned milk for sale in his sweat shop, namely, M/s Paul Sweets, stored in a 'Patila' (steal pan). A notice was served by Food Inspector in writing in form VI and demanded a sample of ton

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