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CASE NO.:

Appeal (crl.) 1109 of 1997

PETITIONER:

State of H.P.

RESPONDENT:

Narendra Kumar and Anr.

DATE OF JUDGMENT: 16/02/2004

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

JUDGMENT

ARIJIT PASAYAT, J

The State of Himachal Pradesh calls in question

legality of judgment rendered by learned Single Judge of the

Himachal Pradesh High Court affirming judgment of the trial

court holding that respondent no.1 (hereinafter referred to

as ’the accused no. 1) was not quilty of the accusations

under Sections 16(1)(a)(i) of the Prevention of Food

Adulteration Act, 1954 (in short the ’Act’).

The prosecution version which led to trial of the

accused is essentially as follows:

On 11.4.1985. the Food Inspector took sample of

"Shakkar" from the shop of the accused no. 1. He purchased

600 gms. of "Shakkar" for analysis after serving the

requisite notice. Thereafter sample articles were sealed and

one such sample was sent to the Public Analyst for analysis.

On analysis the sample was found to be containing

unpermitted acid coal tar of orange shade. Prosecution was

launched after service of notice in terms of