KANWALJIT SINGH AHLUWALIA, J. - (1.) CRIMINAL Misc. No. 8677 of 2008 is allowed. True translation of statement of accused Balkar Singh under Section 313 Cr.P.C. is taken on record.
(2.) BALKAR Singh son of Makhan Singh was intercepted on 12th July, 1989 by Govt. Food Inspector, Teja Singh along with Dr. S.P. Mimani when he was carrying 30 kgs of milk. 750 ml milk was purchased. Samples were drawn and same were sent to the Public Analyst. As per the report of the Public Analyst, milk fat and milk solid not fat were found less than the minimum standards prescribed. Therefore, milk was found to be adulterated. Teja Singh, Govt. Food Inspector appeared as PW-1. Dr. S.P. Mimani appeared as PW-2 and Dr. Mohar Singh as PW-3. Sub Divisional Judicial Magistrate, Fatehabad had framed the charge and in the charge also, extent of adulteration has not been mentioned. Public Analyst report has been exhibited as Ex. P-E. Milk fat had been found to be 3.3 per cent and milk solid not fat had been found to be 5.5 per cent. In the report of the Public analyst, it has also not been mentioned as to how much deficiency was there. In the complaint also, extent of adulteration has not been mentioned and it has been nowhere mentioned whether the milk was of cow or of buffalo, or whether the standards followed were for the un-indicated milk or not.
(3.) TODAY , Mr. Salil Bali has placed on record as Annexure A-1, translation of statement under Section 313 Cr.P.C. recorded by Sub Divisional Judicial Magistrate, Fatehabad. The same is reproduced below : "Statement of accused Balkar Singh son of Makhan Singh aged 65 years occupation agriculturist resident of Hajrana Kalan under Section 313 Cr.P.C. Q. It has come in evidence against you that on 12.07.1999 at around 12 'O' clock in the morning Food Inspector Teja Singh and Dr. S.P. Bhimani were collecting samples at Ratia Road Fatehabad. At that time you were coming on a cycle with a drum containing 30 Kg. Milk in it. On the drum it was also written that the milk is of whom. F.I stopped you and after introducing himself to you desired to buy milk from you. You were served with notice Ex.PA. Then he made a desire to take samples from the drum containing milk. After stirring milk properly, 750 ml milk was taken from it by buying Rs. 2/- vide receipt Ex. PB. This purchased milk was put into clean and open bottles in equal quantity. In each bottle 20-20 drops fumilin was put in equal quantity as preservative and then it was covered with air tight lids and the bottle necks were tied with paper and the thread. On each bottle neck one seal of Dr. S.P. Bhimani was also put. Spot memo Ex.PC was prepared at the spot and labels were pasted on each bottle. Each bottle was wrapped into a khaki paper and the paper was pasted with gum from both the sides. On each bottle, a paper slip from top to bottom was pasted and the bottles were tied with the thread. On each bottle one seal of Dr. S.P. Bhimani was put and 4-4 seals of F.I were put on the bottles. On each bottle the signatures of the accused were taken in such a way that half comes on the Khaki paper and half on the paper slips. Ex. PA to PC were prepared on the spot and on this the signatures of accused were taken. These were attested by Dr. S.P. Bhimani. At the time of taking samples 5-7 people got collected at the spot but on asking to join as a witness no body got ready to become the witness. Five copies of Form-7 were prepared at the spot land symbols were affixed of the used articles. One sealed bottle of sample, copy of Form-7 was put into a sealed packet and was sent through a railway parcel to the Public Analyst, Haryana, Karnal for analysis. F.1 sent the written information to the LHA Fatehabad regarding the sending of the sample to the Analyst. One copy of the Form-7 was given to Railway RR alongwith one registered post was sent to the Public Analyst, Haryana Karnal. The receipt of which is Ex.PD. The original receipt is tagged with the case file. Two bottles of the sealed samples along with two copies of Form-7 were submitted to the LHA in a sealed packet. A copy of the result PE was received by F.I from the LHA Fatehabad according to which your sample was found to be adulterated, therefore, F.I. filed a complaint Ex.PF and information regarding this was sent by F.I. to LHA so that action under Section 13(2) be taken against you. After that LHA Fatehabad sent copy of the result alongwith the forwarding letter Ex.PC through Registered Post. The Postal receipt is Ex.PI. What you have to say regarding this ? Ans : It is wrong. Q. Why the case was made ? Ans. A false case has been made. Q. Why witnesses depose ? Ans. Witnesses have deposed falsely. Q. Do you have to say something else ? Ans. I did not sell milk on that day. I collected the milk from my village and was going to the house of Kashmiri Lal son of Gaga Ram resident of Mohalla Guru Nanakpura Fatehabad for Akhandpath. On the way F.1 stopped me and forcibly took my signatures and did not tell me anything. A false case has been made against me. Q. Would you have given evidence in defence ? Ans. Yes." ;