RAMPARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Delhi High Court (Himachal Bench).

(2.) The facts may be briefly stated. By means of a complaint dated January 16, 1968, made by the Food Inspector proceedings were initiated against the appellant under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act). It was alleged that on November 30, 1967, the appellant sold to Suresh Chand, Food Inspector, a sample which on analysis was found to be a sample of mixed cow's and buffalo's milk. It was sent for report to the Public Analyst, Chandigarh. According to the report of the public Analyst, the sample contained milk fat 5.4% and milk solids (not fat) were found in the percentage of 3.6. Admittedly that was much lower than is prescribed for a cow's or a buffalo's milk.

(3.) At the appropriate stage a charge was framed against the appellant and in the charge-sheet it was stated that the sample taken from the appellant was found adulterated and thereby he had committed an offence punishable under Section 16 (1) (a) of the Act. On August 14, 1968, the charge was read out to the appellant and he stated that he had heard and understood it and heard and it had been explained to him. On being asked whether he pleaded guilty to be charge the appellant answered in the affirmative. The Magistrate thereupon made an order sentencing the appellant to a term of six months rigorous imprisonment and a fine of Rupees 200/-, in default of payment of fine he was to suffer rigorous imprisonment for a further period of two months.