Case no.: CRIMINAL APPEAL No. 2255 OF 2010
Case Name: PREM CHAND Vs. STATE OF HARYANA
Coram: Justices NV Ramana, Surya Kant, and Krishna Murari,
The Supreme Court has acquitted a man accused of selling adulterated Haldi Powder while finally disposing of a criminal case that started 38 years ago.
The Court, among other things, noted that in this case, the public analyst does not mention that the sample was either “insect-infested” or was “unfit for human consumption”, and in the absence of such an opinion, the requirements of Section 2 (1a)(f) of the Prevention of Food Adulteration Act, 1954, cannot be said to have been established.
In 1982, Prem Chand was charged under various provisions of the Prevention of Food Adulteration Act for selling adulterated Haldi Powder.
The report of the public analyst stated that the sample was found to contain four living mealworms and two live weevils. The criminal case against him went on in Trial Court for thirteen long years and he got acquitted.
The state filed appeal before the High Court, and vide judgment dated 09.12.2009, it convicted and sentenced him to undergo imprisonment for six months. Prem Chand filed an appeal before the Supreme court and contended that the report of the public analyst nowhere mentions that the sample was either ‘insect-infested’ or was ‘unfit for human consumption’.