A.S.NEHRA,J - (1.) PETITIONER was convicted under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo R.I. for nine months and to pay a fine of Rs. 1500/- and in default of payment of fine to undergo further rigorous imprisonment for three months on 29th October, 1991 by Judicial Magistrate Ist Class, Ambala Cantt. On appeal the learned Sessions Judge, Ambala vice his judgment dated May 20, 1992 maintained his conviction but reduced his sentence of imprisonment from nine months to six months maintaining the sentence of fine with its default clause. Hence this revision petition.
(2.) BRIEFLY the case of the prosecution is as follows :- "On 21-10-1981, C.L. Grover Food Inspector alongwith Dr. H.R. Ghoshal was present in the area of Ambala Cantt, near Arya Nagar and the accused was then intercepted while he was carrying milk in arum for public sale. The Food Inspector then introduced himself to the accused and inspected the drum of the milk which was on the carrier of the cycle of the accused. On inquiry the accused told that the drum contained cow's milk for public sale. There was 20 litres cow's milk in the drum for public sale with the accused. Food Inspector also joined Des Raj as independent witness from the place where the sample of milk was taken. The Food Inspector then served notice Ex.PA upon the accused for taking sample of cow's milk for analysis. The Food Inspector then stirred the entire milk of the drum with the measurement of the accused and made it homogeneous and purchased 660 mls. of cow's milk from the accused for analysis on payment of Rs. 1.70 paise vide receipt Ex. PB. Spot memo Ex. PC was prepared at the spot. The accused put his thumb impression on Ex. PA, PB and PC in the presence of Dr. H.R. Ghoshal and Desh Raj PW and the PWs but their signatures. Purchased milk was then poured into three empty dry and clean bottles equally and 18 drops of formaline were put in each bottle as preservative. All the bottles were duly stoppered, labelled and wrapped in fairly strong tick paper. The neck of each bottle was separately wrapped with a paper and tied with thread and the seal of Dr. H.R. Ghoshal was affixed on the neck of each bottle. Thereafter, all the three bottles were separately wrapped and the corners of the papers were duly pasted with the gum. Dr. H.R. Ghoshal and Food Inspector put their signatures on the papers. The copy of form VII with the impression of the seal used was also prepared on the spot. One sealed bottle alongwith a copy of form VII was sent to the Public Analyst, Haryana Chandigarh for analysis through Sant Ram SSK and a copy of the form No. VII and a specimen impression of the seal used to seal the packet was separately sent, through the same messenger in a sealed envelop. Thereafter, the two remaining parts were deposited with the L.H.A. Ambala in sealed packets alongwith memo form No. VII. After receiving the report of the Public Analyst Ex. PD by the Food Inspector through the Local Health Authority, Ambala the Food Inspector launched this complaint Ex. PA against the accused for his prosecution and informed the Local Health Authority Ambala to this effect so that the latter could comply with the provisions contained in Section 13(2) of the Act. After complying with the aforesaid provisions the Local Health Authority informed the Food Inspector to that effect." Prosecution to prove its case has examined Shri C.L. Gover PW 1 and Dr. H.R. Ghosal PW 2 and tendered affidavit Ex. PH in evidence. Statement of the accused under Section 313 of the Code of Criminal procedure was recorded. He denied the allegations of the prosecution and stated that he had been falsely implicated in the case. He examined Sat Pal DW and tendered receipts of 'Teh Bazari' Ex. D1 and D2 in his defence.
(3.) SHRI C.L. Grover PW 1 has fully supported the allegations levelled in the complaint. PW2 Dr. H.R. Ghosal has also made a similar statement and has fully supported the statement of PW1. PW2 has also stated that after receiving report of filing of the complaint in the Court, he sent copy of the report of Public Analyst Ex. PD through a registered post to the petitioner. The postal receipt is Ex. PF and forwarding memo is Ex. PG.;