SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order of Sessions Judge, Jind dated 25/10/1990 whereby the order passed by the Chief Judicial Magistrate, Jind, dated 28/05/1990, convicting the petitioner u/S. 16(1)(a)(i) read with S. 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00 and in default of payment of fine to undergo further rigorous imprisonment for three months, was maintained.

(2.) In brief facts relevant for the disposal of this petition, are, that on 26-10-1987, Piara Lal, Government Food Inspector along with Dr. V. K. Dogra, went to the shop of the petitioner, who was found in possession of 8 Litres of cow's milk for sale to the public. After disclosing his identity, the Food Inspector served notice on the petitioner and thereafter purchased 750 M.L. of cow's milk as sample for analysis on payment of Rs. 3 / -. The sample so purchased was put into three dry and clean bottles which were stoppered, wrapped, sealed in accordance with the Rules and duly taken into possession through seizure memo. One such bottle was sent to the Public Analyst through registered parcel along with copy of memo in form VII, and, the remaining bottles were deposited with the Local Health Authority. The Public Analyst vide his report Ex. PF found that the sample of milk was adulterated in milk solids containing fat by 15 per cent and milk solids not containing fat by 26 percent, from the minimum prescribed standard. Thereafter the complaint was duly filed. The petitioner was charged, tried, convicted and sentenced as indicated above, were, examined u/S.313 of the Code of Criminal Procedure, the petitioner denied the prosecution allegations appearing in evidence against him and pleaded false implication. He, however, did not produce any evidence in his defence.

(3.) The learned counsel for the parties were heard.