B.S.YADAV, J. - (1.) THE present petitioner Ranpat Singh has been convicted under section 161(1)(a)(i) of the Prevention of Food Adulteration Act (for short the Act) by the Chief Judicial Magistrate, Bhiwani. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-. It was also ordered that in default of payment of fine he would further undergo rigorous imprisonment for 6 months.
(2.) THE petitioner filed an appeal which was heard by learned Sessions Judge, Bhiwani. He maintained the conviction of the petitioner but reduced the sentence of rigorous imprisonment to 6 months. The fine was also reduced to Rs. 1000/-. The brief facts according to the prosecution are that on 20th July, 1979 at about 7.00 P.M. the accused was found carrying 12 kgs. of cow milk in a drum for sale at Bhiwani, by Sher Singh, Food Inspector. The Food Inspector took sample of milk in accordance with the procedure prescribed by the Act and the Food Adulteration Rules, 1955. One part of the sample was sent to the Public Analyst, who found the same to be adulterated as milk solids not fat were 31% deficient of the maximum prescribed standard. After the report of the Public Analyst prosecution was launched against the petitioner.
(3.) AT the close of the prosecution evidence the petitioner was examined under section 313 of the Code of Criminal Procedure. He took up the plea that he was not a milk seller and on the other hand he was an employee in the District Jail, Bhiwani. He was sent by Ram Din constable, who was posted in that District Jail, to bring milk from the shop of Ram Sarup. According to him, Ram Din had told him that he had called milk from Ram Narain of Prem Nagar and it would be lying at the shop of said Ram Sarup. In support of his plea, the accused examined D.W. 1 Ram Din and D.W. 2, Ram Narain, who supported his plea. Both the Courts below have disbelieved the defence evidence.;