KANWALJIT SINGH AHLUWALIA,J - (1.) THE present revision petition has been filed by Krishan Kumar son of Harsukh, resident of Geeta Colony, Kaimri Road, Hisar assailing his conviction and sentence by the Court of Additional Chief Judicial Magistrate, Hisar, which has been affirmed in appeal by the Court of Additional Sessions Judge, Hisar.
(2.) ON a complaint filed by Mr. Teja Singh, Govt. Food Inspector, the petitioner was prosecuted for keeping in his possession adulterated cow milk for public sale. He was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months by the Court of Additional Chief Judicial Magistrate, Hisar. The sentence was upheld by the Additional Sessions Judge, Hisar. Briefly stated that the case of the prosecution is that on 03.06.1988, PW1 Teja Singh, Govt. Food Inspector along with Dr. Suresh Goyal PW3 apprehended the petitioner in Urban Estate Hisar. It is stated that he was carrying 10 kg. of cow milk in a drum on his cycle for public sale. 750 mls. of milk was purchased on payment of Rs. 3/-. The samples were drawn in consonance with the provisions and rules of the Prevention of Food Adulteration Act 1954 and were sent to the Public Analyst. Public Analyst vide his report Exhibit PF found the sample adulterated by 6.0% deficient in milk fat.
(3.) BEFORE the Courts below, two arguments were raised. Firstly, Mr. P.K. Nayar, Public Analyst was not duly appointed as a Public Analyst and was not competent to analyse the milk. Secondly, being the marginal deficiency, the report of the Public Analyst should be ignored.;