CHAMNA Vs. THE STATE

JUDGEMENT

(1.) This is an application in revision filed by Chamna through the Officer Incharge, Sub Jail, Banswara, against the judgment of the Sessions Judge, Banswara, dated 16th June, 1977, by which his conviction under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, hereinafter referred to as the Act, was maintained but the sentence of six months' rigorous imprisonment awarded to him by the trial court was reduced to three months' rigorous imprisonment while maintaining the sentence of fine of Rs. 1000.00, and three months' rigorous imprisonment in default of payment of fine.

(2.) The applicant was prosecuted in the Court of the Chief Judicial Magistrate, Banswara, for having been found carrying for sale four Kgs. of buffaloes' milk in an earthen pot near Dayla at Banswara. Gauri Shanker, Food Inspector, who was patrolling the area for the purpose of milk inspection, inspected the milk of the applicant and suspected it to be adulterated. The Food Inspector, therefore, purchased 660 ML of milk from the applicant for Rs. 1/-. After purchasing the sample, the Food Inspector divided it into three equal parts and filled each part in a dry and clean bottle after adding 16 drops of formalin to it. The bottles were then properly corked, wrapped, fastened and sealed in the presence of Motbirs in accordance with the Prevention of Food Adulteration Rules hereinafter referred to as the Rules. The Food Inspector prepared necessary documents in this behalf and sent one of the bottles to the Public Analyst, Rajasthan, Jaipur for analysis. The Public Analyst analysed the sample sent to him and found it adulterated in terms of the standard of buffaloes milk as it contained about 17% of added water. The result of his analysis is given below:- <FRM>JUDGEMENT_45_LAWS(RAJ)8_19771.html</FRM> The Public Analyst sent his report to the Food Inspector, who, thereafter, obtained necessary sanction to prosecute the petitioner from local authority (Municipal Board, Banswara) and made a complaint to the Chief Judicial Magistrate, Banswara, against the applicant for the offence punishable under Sec. 7 read with Sec. 16 of the Act. The Chief Judicial Magistrate proceeded with the trial. In the course of the trial, the applicant made an application to the court to get the other bottle containing the sample of buffaloes milk kept by the Local Authority analysed by the Central Food Laboratory. The Judicial Magistrate accepted the prayer of the applicant and sent the bottle of the sample to the Central Food Laboratory, Calcutta, for analysis. The Director of the said Laboratory analysed the sample and issued a certificate that the sample did not conform to the standard prescribed under the Prevention of Food Adulteration Rules and was, therefore, adulterated. The result of the analysis was that the milk fat content in the milk was found 4.6% and solids non-fats were 7%. The Judicial Magistrate found the petitioner guilty of the charge and convicted and sentenced him as stated above. Aggrieved by his conviction and sentence, the applicant filed an appeal in the Court of the Sessions Judge, Banswara. The Sessions Judge while maintaining the conviction of the applicant under Sec. 7 read with Sec. 16 of the Act, reduced the sentence of six months' rigorous imprisonment to three months' rigorous imprisonment. He, however, maintained the sentence of fine and the term of imprisonment in default thereof. The applicant has, therefore, come up to this court in revision. The revision application was admitted by this Court on 2nd Aug., 1977 and notice of the date, time and place at which the revision-application will be heard was given to the Public Prosecutor and to the applicant through the Officer Incharge of the Sub Jail, Banswara. The applicant has appeared before me. I have carefully gone through the record of the trial court and heard the applicant in person and Mr. K. C. Bhandari, Public Prosecutor, appearing on behalf of the State. Upon careful review of the entire evidence on the record, I am satisfied that Chamna was rightly convicted under section 7/16 of the Act. There is reliable evidence of Gauri Shanker, Food Inspector, on the record to show that the applicant was carrying four Kgs. of she buffaloes milk in an earthen pot for sale on 23rd Oct., 1973, at 7 a.m. near Dayla at Banswara. It is further established by the testimony of Gauri Shanker that a sample of milk was purchased from the earthen container of the applicant. The sample was divided into three equal parts and each part was filled in a dry clean bottle which was duly corked, sealed and packed in the presence of Motbirs. One bottle of the sample was sent to the Public Analyst, who, upon analysis, found it adulterated. Another bottle was sent to the Director, Central Food Laboratory for analysis at the instance of the applicant. The Director reported that the sample of she-buffaloes milk did not conform to the standard of purity prescribed for such milk under the Rules. The Director found milk fat contents 4.6% and solids-non-fat contents 7% in the sample of milk sent to him. The evidence of Gauri Shanker, Food Inspector, is corroborated in essential particulars by the testimony of Shanker Singh, P.W. 2 and Mangi Lal P.W. 3 in whose presence the sample of milk was taken from the applicant. The depositions of Gauri Shanker, Food Inspector, Shanker Singh P.W. 2 and Mangi Lal, P.W. 3, have not been taken at all in cross-examination. There is no reason to disbelieve their statements, especially when they are found trust-worthy on merits. The trial Court committed no error in placing reliance on the prosecution case.

(3.) The applicant denied to have sold she-buffaloes milk to the Food Inspector for Rs. 1/-. Later on. in his statement under section 342, Cr. P. C. he admitted to have mixed milk of cow and goat which, according to him, was analysed on a machine. The applicant produced one witness Lalji in his defence. Lalji stated in his deposition that Gauri Shanker, Food Inspector, had purchased the sample of milk from the applicant but he further staled that Chamna had disclosed to the Food Inspector that his milk was of cow. Lalji further stated that the sample was taken beyond the territorial limits of the Municipal Board, Banswara. His evidence is not entitled to any weight in view of the cogent evidence led by the prosecution to prove that a sample of she-buffaloes milk was purchased from the applicant at a place near Dayla, which lay within the territorial limits of the Municipal Board, Banswara. Upon careful scrutiny of the entire evidence, I do not find any substantial ground for interference with the findings of the lower courts as to the guilt of the applicant.