I N THE HI GH COURT OF PUNJAB 8 HARYANA v. St at e of Haryana

1 have heard t he learned counsel for t he part iesand have JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document . um a 15: 12 Scanned True Copy of Original PHHC,Chandigarh gonet hrought he recordsoft he case 57 0 CL 0 0 I C5 I Z r I 08 QO 3 Z CrleRevneNO1441 of2003 3 ofMirchi Powder t aken byt he Governm entFood from accusedhiv Charan was found adult erat edby t he Public Analystwhich provedt hat t he sam pI eof Mirchi Powder was found t o be adult erat edas t he sam e was cont ainingnce st archand colour wit h added red oil soluble coalt ar dyeThe provisionsof Sect ion of t he Act were coinpliedwit h in t his case The accused while being exaininedunder Sect ion 313 of t he Code of Crim inal Procedure had not t aken t he st and inform ed t he Court regarding norreceiptof t he report of t he Public AnalystThe Governm ent Food deposedt hat as per provisionsof Sect ion 13629of t he Act t he copyoft he result oft he Local Healt h Aut horit yalongwit h let t er was sent t hrough post t o t he accused PW Ram SinghClerk speciflcallydeposedt hat t he accused was let t er ExX and t he post alreceiptin t his regard1 inform ed t hroughforwarding ExY Thus t he accused cannot be said t o have been on t his score The prosecut ioncase has been by t he evidence of 1j a Singh t he Qm Govem m ent Food I nspect or6PH and DrPKGandhi Medical Ofcer PW2l The salnplewas t aken by t he Govem m ent Food l nspect orTej a Singh00W in t he presenceof DrPKGandhi oM The wit nesses had no enm it ywit h t he accused t o falselyim plicat ehim lll t his case The evidence producedby t he clearlyprovest hat t he sam pleof Mirchi Powder m eant for publicsale was seized from t he accused which was sent t o t he Public AnalystHaryana analysiswho vide reportExE found t he sam e adult erat ed as m ent ioned above ln fact . um a 15: 12 Scanned True Copy of Original PHHC,Chandigarh leam ed counsel t he pet it ionercould not seriously JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document challenget he prosecut ioncase duringt he course of argunlentwhich st ands 58 0 Crlevn NO1441 of 2003 4 1 0 0 I C5 I Z 0 I 08 m 3 Z provedon recorcl As such convict ion of Shiv Charan under Sect ion 16a9O9 read wit h Sect ion 70f t he Act as recordedbybot h t he Court sbelow is m aint ained However in view t he fact s and circum st ancesof t he case t he fact t hat Swordof Dam ocles has rem ainedhanging t he head of Shiv Charan for t he last m ore t han case relat est o271 11 991 and t he lncarcerat ion for 718 daysafler his appealwas dism issedby t he lower Court I anl of t he consideredopiniont hat ends ofj ust icewill be if t he sent ence awardedt o t he is reduced t o t he m et already by him and sent ence of flne is enhancedt o Rs0001 I order accordinglyby t he sent ence order The will depositt he ainount of ft ne in t he t rial Court wit hin a periodof t wo m ont hsfrom t he dat e of receiptof a cert ified copy of t his order t o say if t he pet it ionerfails t o com plywit h t he direct ion of t he am ount of fine of Rs0001 in t he t rial Court Wit hin t he above t he sent ence of rigorous as awarded bybot h t he Court s below shall rem ainunalt ered Wit h t he above condlt ional m odiflcat ion in t he sent ence Ordert his pet it ionis dism issed March 08 2010 Jt 1 7 JUDGE 1 . um a 15: 12 Scanned True Copy of Original PHHC,Chandigarh 1 JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document