Fatehgarh Sahib: The court of Chief Judicial Magistrate, Fatehgarh Sahib, awarded six months imprisonment and fine of Rs 3,000 to Harish Kumar of Madan Sweets Shop, Subhash Nagar, Mandi Gobindgarh town of district Fatehgarh Sahib under Food Safety Act (FSA). In default of payment of fine, he will have to further go for imprisonment for three months. On October 16, 2014, Food Safety Officer (FSO) Anil Kumar along with Dr Kulwinder Singh, then DHO, Office of Civil Surgeon, Fatehgarh Sahib, was on sampling duty and they inspected the premises of Madan Sweet Shop and the accused had in his possession three kilogram of ‘Cham Cham’ sweets in steel trays kept in refrigerator meant for sale and human consumption.
Anil Kumar disclosed his identity to the accused and purchased 1,200 gram of sweet for Rs 216 by giving a notice in writing to the accused. The purchased sweet was divided into four equal parts and was put into four neat and dry plastic containers. The signatures of accused were obtained on each sample partly on slip and partly on wrapper. Each packet was secured with strong twine and the FSO affixed his seal at distinct places. The spot memo was prepared at the spot which was duly signed by complainant, witnesses as well as the accused.
On demand the accused failed to produce any proof with regard to the ownership of the shop. Three parts of the sample were deposited with the office of Local Health Authority (LHA) and one part was sent to the office of Public Analyst, Chandigarh. The Public Analyst reported that the sample contained synthetic colour of pink shade which is unsafe for human consumption. Thereafter, a notice was issued to the accused for re-attesting of sample from the referral lab.
Again another notice was issued to the accused apprising him of his right of sending one sample from the referral lab but the accused did not avail the right and did not make any request to that effect. The permission to launch proceedings against the accused was sought from Commissioner, Food Safety, Punjab after which a complaint was filed by the Food Safety Officer under Sections 59 and 42 (5) of Food Safety and Standards Act, 2006.
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