BALDEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief is that Baldev Singh- petitioner herein was found carrying 40 litres of cow milk for sale in two cans in the area of Sadar Bazar, Karnal, on 9.6.1988 by the Government Food Inspector Shri S.L. Anand PW-1 who was accompanied by Dr. B.S. Chaudhry, Deputy Chief Medical Officer, Health, Karnal and Ashok Kumar son of Niamat, an owner of Dayal Soda Water Factory, Sadar Bazar, Karnal. After disclosing his identity to the accused that he was Food Inspector, authorised to take samples of food stuff from their vendors for their analysis by the Public Analyst, Haryana, Shri. S.L. Anand, Govt. Food Inspector served notice in form VI Ex.PA upon the (sic) indicating his intention to seize sample of milk from him with a view to have the same analysed. After stirring and homogenising thoroughly the contents of the milk in one drum, Govt. Food Inspector, purchased 660 mls. of cow milk from him on payment of Rs. 3/- to him. Accused gave receipt Ex. PB to the Govt. Food Inspector which was signed by him and attested by PWs. Thereafter, Govt. Food Inspector divided that milk into three equal parts. He put each of those parts in separate, dry, clean and empty bottle. Two drops of formalin per 25 mls. of milk of 40% strength were added as preservative in each bottle. Bottles were labelled, stoppered and securely fastened and then wrapped in a strong thick paper which was secured by means of paper slip bearing the code number, serial number and signatures of the Local Health Authority, Karnal. Each bottle was sealed with distinct seal. Thumb impression of the accused was obtained on each bottle in a manner that they cut across the paper slip and wrapper on the bottles. One sealed bottle alongwith copy of form VII was sent to the Public Analyst Haryana, Chandigarh in a sealed box per railway parcel. The remaining two parts of the sample bottles alongwith two copies in form VII were deposited with the Local Health Authority, Karnal. A copy of the form VII was sent to the Public Analyst separately through registered post. Report of the Public Analyst Ex. PD was received in the office of the Local Health Authority. According to this report sample was deficient in milk solids not fat content by 43.5% of the minimum prescribed standard. Copy of the report of the Public Analyst was sent to the accused by the Local Health Authority with a forwarding letter so that if he wanted he could have the second part of the sample analysed over again.

(2.) AT the instance of the accused second part of the sample was got analysed from the Director, Central Food Laboratory, Mysore, who opined that the sample was deficient in milk fat and milk solids not fat content. After examining Sh. S.L. Anand, Govt. Food Inspector, learned Magistrate charged the accused under Section 7 punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(3.) ON the conclusion of the trial, learned Chief Judicial Magistrate, Karnal vide order dated 3.11.1997 found the charge proved against the accused, convicted him thereunder and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- or in default to further undergo rigorous imprisonment for three months.