REET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE revision-petitioner was checked when he was found carrying 20 kg of cow's milk in a drum, at 10.40 a.m. at Narwana, District Jind. The Government Food Inspector, after giving the required notice, took a sample of 660 ml of cow's milk on payment of Rs. 2 in presence of Dr. R.P. Leeka, Medical Officer, Civil Hospital, Narwana. The sample was divided into three parts. One of the parts of the sample milk was sent to the Public Analyst according to the procedure laid down. The Public Analyst, vide his report Ex. PD, found milk fat 4.2 per cent and milk solids not fat 7.6 per cent after analysis of the sample on 6th August, 1982. Complaint dated 2nd February, 1983 was presented on 3rd February, 1983 by the Government Food Inspector Moti Ram. After examining Government Food Inspector Ram Singh (PW1) and Government Food Inspector Moti Ram (PW2), the prosecution evidence was closed for the purpose of charge. The charge was framed on 13th April, 1983. Thereafter Government Food Inspector Moti Ram was produced for cross-examination, but he was not cross-examined. The prosecution examined Fateh Singh, a clerk from the Local Health Authority (PW3) and Dr Prem Leeka, Senior Medical Officer, Civil Hospital, Rewari. Government Food Inspector Ram Singh was produced for cross-examination on 20th March, 1985 and on the same date, the prosecution evidence was closed. The prosecution has also tendered in evidence Ex. PD report of the Public Analyst. The petitioner was examined under section 313 of the Code" of Criminal Procedure wherein he denied the charge. After hearing arguments and going through the file, the trial Court convicted the petitioner and sentenced him to undergo rigorous imprisonment for six months under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and a fine of Rs. 1,000. In default of payment of fine, he was directed to suffer RI for a further period of 1-1/2 months. The appeal preferred by the petitioner was found to have no merit and was dismissed by the Additional Sessions Judge. He has challenged his conviction and sentence by this criminal revision.

(2.) GOVERNMENT Food Inspector Ram Singh (PWI) had intercepted the petitioner on the above said date and taken the sample after giving notice Ex. PA and after taking the sample of the said quantity, paid a sum of Rs. 2 as price of the sample milk. The cash receipt is Ex PB. Ex. PC is the memo prepared at the spot with regard to the taking of the sample. He has supported the prosecution case. Government Food Inspector Moti Ram instituted the complaint and his statement is that he did so on the basis of the said documents. He has proved the complaint. Fateh Singh, a clerk in the Local Health Authority (PW3) proved that notice about the report of the Public Analyst was sent by registered post on 28th February, 1982. Copy thereof is Ex. PE. Dr. Prem. Leeka (PW4) is the witness in whose presence the sample was taken. The prosecution, thus, relies upon the testimonies of Government Food Inspector Ram Singh and Dr. Prem Leeka (PW4).

(3.) I have heard the learned counsel for the parties and gone through the record.