Banwari Lal vs The State of Haryana

Ajit Singh Bains, J.—The Petitioner was convicted for the offence u/s 7 read with Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 1000/- or in default of payment of fine, to undergo further rigorous imprisonment for two months by the learned Additional Chief Judicial Magistrate, Jind. On appeal, his conviction and sentence was upheld by the learned Sessions Judge, Jind Hence this revision by the convict.

This petition is to be allowed in view of the principle of law as laid down by this Court in case M/S Sardari Lal & Company v. The State of Punjab (1983) 10 Cr.L.T. 183, wherein it is held that Cury powder and Garam Masala are different articles of food used for different purposes and since no standard is prescribed for Garam Masala. the standard fixed for Cury powder cannot be applied. In the present case also, the sample of Garam Masala was taken, which was found to be adulterated by the Pub4c Analyst on the basts of the standard fixed for Cury powder. Accordingly this petition is allowed and the conviction and sentence as recorded by the Courts below is set aside. The Petitioner is on bail. His bail-bonds shall stand discharged.