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Ice-cream vendor acquitted of food adulteration charges

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Chandigarh, December 19

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While giving the benefit of doubt to an ice-cream vendor, the Court of Additional Sessions Judge Nazar Singh acquitted him of food adulteration charges. Suman Kumar Singh, the ice-cream vendor, was booked under the Food Adulteration Act in 2002. The trial court convicted the accused in 2012 against which he had filed the appeal.

He had filed an appeal against the judgment of conviction and the order of sentence, dated April 18, 2012, whereby he was found guilty of the commission of offence under Section 7(i), punishable under Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954. He was sentenced to a rigorous imprisonment of six months, along with a fine of Rs 1,000.

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As per the prosecution case, on April 12, 2002, at about 8.45 AM, the premises of M/s Shaktiman Ice Cream and Ice Candy Factory, Makhan Majra, was inspected. He was found in possession of about 500 pieces of ice candy in a deep freezer for sale.

The Food Inspector collected the sample for analysis as prescribed under the Prevention of Food Adulteration Rules, 1955.

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Later, the sample failed the test and found to be adulterated as it contained suspended matter/sediments in an appreciable quantity whereas it should have been free from the same. While acquitting the accused and accepting his appeal, the court stated that there were suspended particles in the food item but it was not explained in the report. The court observed that the quantity or the suspended articles were not mentioned in the report. — TNS

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