BHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 23.4.1996 passed by the Court of Additional Sessions Judge, Hisar who dismissed the appeal of Shri Bhal Singh petitioner by confirming the judgment and order of conviction dated 20.9.1995 passed by the Court of Additional Chief Judicial Magistrate, Hisar, who convicted the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") and sentenced him to undergo RI for a period of six months and to pay a fine of Rs. 1000/- which was the minimum sentence under the said Act. In default of payment of fine, the petitioner was directed to further undergo RI for a period of three months.

(2.) THE brief facts of the case are - that on 15.4.1991 Shri Sube Singh, The Government Food Inspector along with Dr. J.S. Bhatia, Medical Officer, General Hospital, Hisar, was present in Jawahar Nagar, Hisar for food sampling when the petitioner was intercepted with 18 kilograms of cow milk in a drum on bicycle for sale. Food Inspector disclosed his identity and that of the doctor and expressed his intention to seize the sample of milk for analysis. Notice Ex.PA was given to the accused and 750 mls. of milk was purchased on payment of Rs. 3.75 vide receipt Ex.PB. The milk so purchased was put into three dry clean and empty bottles in equal share. Two drops of 40% formalin per 25 ml were put into each bottle as preservative. Spot Memo Ex.PC was prepared. Label Ex.PC/1 was pasted on each bottle. The bottles were stopped properly and sealed with the seal of Dr. J.S. Bhatia. Each bottle was wrapped in a Khaki paper and ends of the papers were pasted with gum. Paper slip issued by the Local Health Authority bearing code number and signatures was wrapped on each bottle from top to bottom. The bottles were sealed with the seal of Food Inspector and the seal of Dr. J.S. Bhatia. Thumb impressions of the accused were obtained on the bottles in such a way that half came on the paper slip and half on the wrapper on the bottle. One sealed bottle along with memo on Form VII bearing impression of the seal used was sent to the Pubic Analyst Haryana Chandigarh for analysis. One copy of the memo on Form VII bearing seal impression of the seals used were sent to the Public Analyst through post separately. Two sealed bottles along with two copies of memos on Form VII bearing seal impression were deposited in a sealed packet with the Local Health Authority, Hisar. The Public Analyst Haryana vide report Ex.PE found the sample adulterated as it contained milk solids not fat 26% deficient of the minimum prescribe standards. Finding the sample not conforming to the given standard of cow milk, the present complaint was filed.

(3.) I have heard Shri Tahar Singh, Advocate for the petitioner and Shri Girish Agnihotri, Additional Advocate General Haryana for the respondent and with their assistance, have gone through the record of the case.