HIGH COURT OF PUNJAB AND HARYANA
SHAM SUNDER – Appellant
Versus
STATE OF HARYANA – Respondent
CRR 2468/2013
Crl. Revision No. 2468 of 2013 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Revision No. 2468 of 2013 (O&M)
Date of Decision: 7.8.2013.
Sham Sunder
........Petitioner
Vs.
State of Haryana
......Respondent
CORAM:
HON'BLE MRS. JUSTICE SABINA
Present:
Mr. Anupam Gupta, Senior Advocate with
Mr. Jasmandeep, Advocate
for the petitioner.
.....
SABINA, J.
Petitioner had faced the trial qua commission of
offence punishable under Section 7/16 of Prevention of Food
Adulteration Act, 1954 ('IPC'' for short) in a complaint filed by
the State. The Trial Court vide judgment/order dated
12.8.2011 ordered the conviction and sentence of the
petitioner under Section 7 read with Section 16(1)(a)(i) of the
Act. Aggrieved against the said judgment/order of his
conviction and sentence, petitioner preferred an appeal. The
Appellate Court vide judgment dated 23.7.2013 dismissed the
appeal filed by the petitioner. Hence, the present petition by
the petitioner.
After hearing the learned counsel for the petitioner,
I am of the opinion that the instant petition deserves
dismissal.
Prosecution story, in brief, is that complainant
Singh Gurpreet
2013.08.14 14:26
I attest to the accuracy and
integrity of this document
chandigarh
Crl. Revision No. 2468 of 2013 (O&M)
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inspected the shop of the petitioner and he was found in
possession of 150 bottles of one litre each of mustard oil for
public sale. Sample of mustard oil was drawn from the
bottles. As per the report of the Public Analyst, Haryana, it
was found that the samples did not conform to the prescribed
standards as laid down in the rules. Petitioner exercised his
rights under Section 13(2) of the Act. As per the report of the
Central Food Laboratory, Mysore also it was found that the
sample did not conform to the standards laid down for
mustard oil under the provisions of the Act and Rules thereof.
It was opined that the sample was turbid and the Bellier
Turbidity temperature value exceeds the maximum standard
limit.
Thus, in the present case, the bottles of mustard oil
which were found in possession of the petitioner for public
sale, were found to be not upto the standards as prescribed
under the Act and rules thereof. Learned senior counsel for
the petitioner has failed to point out any misreading of
evidence by the Courts below. In these circumstances, the
Courts below rightly ordered the conviction and sentence of
the petitioner under Section 7 read with Section 16(1)(a)(i) of
the Act.
No ground for interference is made out.
Dismissed.
(SABINA)
JUDGE
August 07, 2013
Gurpreet
Singh Gurpreet
2013.08.14 14:26
I attest to the accuracy and
integrity of this document
chandigarh