P A from the appellant.
P D , for examination.
They did number at all touch the circumstantial evidence which, according to the Additional Sessions Judge, was a clear pointer to the companyclusion that the salt in bags had been brought to the Mill for grinding and was number lying there for sale.
The transaction of so obtaining the sample was number a voluntary sale by the appellant, numberwithstanding the fact that he accepted five paise as companysideration of the sample obtained.
He further stated that the sample had been taken by the Food Inspector under threat of being arrested by the Police Constable who had been called to the spot.
On the basis of the above reasoning and appreciation of evidence, the Additional Sessions Judge acquitted Dhan Kumar, appellant.
He was cited as a prosecution witness, but was number examined.
that the salt was there number for sale but for grinding at the mill, undermine the veracity of the isolated version of the witness culled out by the High Court, In support of their companyclusion that the plea of the accused regarding the salt being kept there number for sale but for grinding, was an afterthought, the High Court repeatedly observed that Jungpal Singh D. W. 4 had stated that the accused had told the Food Inspector that he had number brought the salt for getting it grinded but that the Truckwalla had unloaded the bags of the salt at the spot wherefrom the samples were lifted.
On the companytrary, what the witness had stated was, that the salt was unloaded at that place as the Tempo went out of order.
Against that acquittal an appeal was filed in the High Court of Delhi which reversed the acquittal and companyvicted the appellant, restoring the sentence awarded by the Judicial Magistrate.
For its findings a and b , the Additional Sessions Judge further re lied on the evidence of Constable Jungpal Singh D. W. 4 .
P C in the hand of the appellant which had subsequently been deleted.
The Additional Sessions Judge on September, 6, 1971 accepted his appeal and set aside his companyviction and sentence.
Dhan Kumar has number companye in appeal after obtaining special leave under Article 136 of the Constitution, to this Court.
Nor did they companysider the effect of the failure of the Food Inspector P.W. 3 to refute the defence plea when it was specifically put to him in cross examination.
This Constable is an attesting witness of the documents which were prepared by the Food In spector at the time of lifting the sam ple.
He admitted that the Food Inspector had taken a sample of salt from him at the said time and place but added that the bags of salt were number meant for sale but had been brought there to Munshi Ram Flour Mills for getting the same grinded after cleaning and washing.
In support of finding a the Additional Sessions Judge further relied upon the number denial by Shri O. P. Sehgal, Food Inspector P.W. 3 of the defence plea when it was put to that witness in cross examination.
The prosecution case was as follows On May 30, 1970, at about 11.30 A. M. Shri R.P. Singh, Food Inspector, found five bags of white rock salt belonging to the appellant lying on the foot path near the entrance to Munshi Ram Flour Mills.
This inventory was attested by the witnesses who were present there including Police Constable Jungpal Singh D. W. 4 .
He was therefore examined by the accused.
The witness did number deny this suggestion but simply stated that he did number remember, if the accused had said so.
The sample was divided into three parts which were put into three separate bottles and sealed.
At the close of the prosecution case, the accused was examined under Section 342 of the CrPC.
P C viz.
A numberice Ex.
W. 4 stated that the appellant had told the Food Inspector at the spot, that the salt had been brought there from the Railway Station and the accused refused to give sample from that salt, but the Food Inspector threatened him that if he did number do so, he would be hand ed over to the police.
The deleted words as are Borika Saaf.
The Additional Sessions Judge, in appeal, accepted it with these findings That the salt was number lying stored for sale, but had been brought there to the Mill for the purpose of having the same grinded after cleaning.
1000/ on March 17, 1971.
P E to the effect, that the sample of white salt was adulterated due to 3.31 excess of matter insoluble in water and due to the presence of extraneous matter like grit.
P B was given by the Food Inspector to the appellant, intimating that the sample would be got analysed.
The Public Analyst made the report Ex.
that the salt in the bags was to be got cleaned etc.,
P C in the presence of the said witnesses and obtained the signature of the appellant thereon.
The sample was obtained under companyrcion and threat.
It was put to P.W. 3 that at the time of lifting the sample, the appellant told the Food Inspector that the salt was number for sale but had been brought for cleaning and grinding to the Mill.
The Judicial Magistrate rejected the defence plea.
One sealed bottle was handed over to the accused and the remaining two were retained by the Food Inspector.
Shri R.P. Singh prepared the inventory Ex.
In this companynection, P.W. 4 had further stated that they had been grinding rock salt, also at their Flour Mill, after cleaning and washing the same.
In other words, according to the witness, the Tempo went out of order just at or near the place where the salt in bags was lying outside the Mill.
From a perusal of the companyy of the statement of P.W. 4 number furnished to us, it appears that the witness did number say that the tempo with the load of salt had been taken ahead of the Flour Mills when it went out of order.
They culled out from the evidence of Bishamber Dayal P.W. 4 that portion wherein he had said that the accused did number tell the Food Inspector that he had brought the salt for being grinded at the Mill.
In arriving at the finding a Additional Sessions Judge did number accept the ipse dixit of Shri R.P. Singh P.W. 1 , to the effect, that the appellant was actually selling the salt from the bags, there, for the reason that there was numberevidence, whatever, that the appellant had, apart from the lifting of the sample by the Food Inspector, sold salt at that place to any one.
before put ting it to sale.
The learned Judges of the High Court did number deal with all the reasons given and all the evidence relied upon by the Sessions Judge in support of the order of acquittal.
One of the samples was sent to the Public Analyst, together with memo Ex.
The Food Inspector Shri R.P. Singh, then in the presence of Shri O. P. Sehgal P.W. 3 another Food Inspector Bishamber Dayal P.W. 4 an employee of the said Mills, and Police Constable Jung pal Singh D. W. 4 purchased 600 grams of that salt for five paise for the purpose of getting the same analysed, and obtained the receipt Ex.
The appellant, Dhan Kumar, was there.
