IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

Cr. Appeal No. 230 of 2009 Reserved on: 28.0H9.2023 Date of Decision: 09.10.2023 State of H.P. ...Appellant.

Versus Anubhav Awasthi r ...Respondent.

Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes.

For the Appellant : Mr. R.P. Singh, Deputy Advocate General.

gFor the Respondent : Mr. Mahender Singh Kanwar.

iRakesh Kainthla, Judge The present appeal is directed against the judgment dated 28.4.2009, passed by learned Special Judge (Forests), Shimla, vide which the respondent (accused before the learned Trial Court) was released on probation. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Briefly stated, the facts giving rise to the present appeal are that the Food Inspector presented a complaint before the learned Trial Court against the accused and other persons for the commission of an offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short ‘PFA Act’). It was asserted that the complainant inspected the premises of M/s Clarks Hotel, The Mall, Shimla on 3.12.2002, at around 1.00 PM aund found one P.D. Shukla conducting the business of the ohotel. He had three sealed bottles of 500 gms each of SCego Chamba Honey on a wooden shelf, in his possession, which were kept for sale to the general public. The Food Inspector disclosed his identity and issued a notice (Ex.P- 1) declaring his intention to take the sample of Sego Chamba HHoney for analysis. Food Inspector purchased three sealed bottles of Sego Chamba Honey each weighing 500 gms. on payment of ₹240/- as samples for analysis. A receipt (Ex.P-2) was obtained. P.D. Shukla disclosed that he had purchased the article of foods from M/s Kahan Chand and Sons Agency Pvt. Ltd. vide Bill No. 12501, dated 11.01.2002 (Ex.P-3). A copy of the notice (Ex.P-1) was also sent to Kahan Chand and Sons. The bottles were separately labelled and wrapped into a thick paper.

A paper slip bearing Code and Serial No. of LHA MC Shimla, S- 11/2531 was affixed with gum from top to bottom on each sample packet. The paper slip was signed by LHA, MC Shimla and was issued to the Food Inspector. Samples were fastened with strong thread and sealed with a sealing wax. At least four seal impressions were put on each packet and all the knots were covered with seal. Signatures of the accused were taken in such a manner that they apupeared on paper slips and wrappers. Vijay Kumar (PW-5)o and Charan Dass (PW-4) witnessed the proceedingCs. A Panchnama (Ex.P-4) was prepared which was signed by the witnesses, accused and the Food Inspector. One of the samples was sent to Public Analyst, Kandaghat along with Form-VII (Ex.P-5) through Charan Dass. One copy of Form-VII Hwas sent separately in a sealed packet, sealed with an impression (Ex.P-6). The remaining two packets of the sample along with two copies of the memo and Form-VII were deposited with LHA, MC Shimla for record vide letter (Ex.P-7). The receipt (Mark-X) was issued by the Public Analyst. Public Analyst issued a report (Ex.P-8), stating that the month and year up to which the product was best for consumption was not mentioned on the label. The fructose glucose ratio was 0.86 against the minimum prescribed standard of 0.95. Chief Medical Officer, Shimla was empowered to give written consent under Section 20 of the PFA Act. All the documents along with a report of analysis were produced before the CMO, Shimla for obtaining the written consent with a letter (Ex.P-10). Chief Medical Officer, Shimla saw the documents and signed them. He found that the case was fit to launch a prosecution. He issued the sanction (Ex.P-11). Thue Food Inspector filed a complaint before the Court and seont the notice to the accused along with a copy of the report Cof the Analyst.

3. The Court summone