- (1.) The petitioner has come in revision petition against the judgment dated 24.2.2012 passed by the Additional Sessions Judge, Ferozepur whereby the appeal against the judgment of conviction dated 22.10.2008 passed by the Court of Additional Chief Judicial Magistrate, Ferozepur has been dismissed. A complaint was filed by HC Gambhir, Food Inspector, Ferozepur under the Prevention of Food Adulteration Act (for short 'the Act'). The brief facts as mentioned in para 2 of the judgment of Additional Chief Judicial Magistrate, Ferozepur are as under:- "On 28.6.1999 the complainant disclosed his identity as Food Inspector to milk seller Balwinder Singh (here-inafter referred to as accused). Complainant had shown his intention to take the sample. The accused was carrying milk for sale in double storey railway quarters, Ferozepur near A.D.M. Sh.Rakhis' Kothi. The complainant demanded sample of cow milk, as stated by accused. The complainant gave a notice in writing on form No.VI to the accused. He made the whole milk homogenous in the Valtoha. He purchased 750 Mls of cows milk for Rs.8/- against proper receipt. Then he divided it into three equal parts and put the same in three dry and cleaned bottles. The 20 drops of formalin 40% were added as preservative to each bottle. The each part was labelled, stoppered properly. The full details of the accused were mentioned thereon. Then all the parts were wrapped in a thick brown papere whose ends were folded with gum. The paper slip having code No.0441/FZR duly signed by the Local Health Authority was pasted with gum around the sample and then secured by strong thread with seal impression. The signatures of Balwinder Singh accused were taken partly on the slip and partly on the wrapper. The signatures of witnesses were also taken. One sealed packet of sample was sent to the Public Analyst, Punjab Chandigarh alongwith form through Constable Chaman Lal Class-IV staff of sanitation, Ferozepur and a memorandum form No.VII bearing seal impression was also sent through Chaman Lal in a sealed cover separately. The two sealed parts of the sample alongwith one copy of the memorandum form Vo.VII were deposited with Local Health Authority, Ferozepur Cantt. This sample was taken in the presence of Mangat Ram Sweeper and Jatinder Kumar Sweeper. The report of Chemical Examiner was received which shows that contents of sample are deficient in milk fat by X% and milk sold not fat by 11.0% of the minimum prescribed standard. Therefore, the contents of the sample were adulterated. Therefore, Balwinder Singh violated provisions of Section 7(i) of the Prevention of Food Adulteration Act, 1954 and committed offence under Section 16(i)(a)(1) of the Act. The complaint was presented in the Court on 20.12.2000."
(2.) After going through the case, accused was ordered to be summoned to face trial under Section 16(1) of Prevention of Food Adulteration Act vide order dated 20.12.2000.
(3.) In pre-charge evidence complainant H.C. Gambhir appeared as PW1 and examined PW2 Ramandeep Singh Clerk, PW3 Mangat Ram, PW4 Jatinder Kumar and placed on the file Ex.P1 copy of appointment letter of H.C. Gambhir as Food Inspector, Ex.P2 copy of notification dated 30.4.1977, Ex.P3 notice on form No.VI, Ex.P4 receipt No.0441/FZR dated 28.6.1999 for Rs.8/- regarding purchase of milk, Ex.P5 memo regarding taking of sample, Ex.P6 memorandum dated 28.6.1999 on form No.VII, Ex.P7 receipt regarding deposit of samples through Chiman Lal by Public Analyst, Ex.P8 letter regarding deposit of two samples with Local Health Authority, Ex.P9 report of Public Analyst, Ex. P10 sanction letter sent to the accused Ex.PW2/1 postal receipt No.1054 and closed evidence.;