LAWS(KAR)-2004-2-82

RAMA BALAWANT HEGDE Vs. FOOD INSPECTOR, NIPPANI MUNICIPALITY

Decided On February 17, 2004
RAMA BALAWANT HEGDE Appellant
V/S
Food Inspector, Nippani Municipality Respondents

JUDGEMENT

(1.) All these three revision petitions are filed by the respective revision petitioners/accused, against the judgment dated 27-10-2000 passed by the III Addl. Sessions Judge at Belgaum, in Crl.A. Nos. 62/92, 64/92 and 63/92 respectively, whereby the learned Sessions Judge dismissed the appeals, filed by the revision petitioners and confirmed the order of conviction and sentence passed by the JMFC, Chikodi, dated 18-9-1992 in CC Nos. 384/88, 546/90 and 7/88 respectively. Assailing the said order of conviction and sentence these revision petitioners have come up with this revision under Sections 397 and 401 of Code Criminal Procedure mainly on the ground that the specimen seals were not sent on the same day along with the sample to the public analyst for comparison and the said Public Analyst has not been examined to show that the sample milk so sent in each of the cases were adulterated one and the report does not disclose about the percentage of milk fat in the sample. The sample milk so sent to the public analyst was buffalo. The witnesses cited in the complaint are not examined to prove that on that day the complainant had purchased milk from the revision petitioners in all the three cases. P.W.1 is an interested witness and believing the sole testimony of such an interested witness cannot be appropriate to base a conviction. Hence these revisions.

(2.) Since the revision petitioners and the respondent in all these cases are common, in order to avoid the repetition of the facts and law, all these three cases are clubbed together and they are heard and disposed of by a common order.

(3.) The case of the respondent/prosecution is that on 29-7-1987 at about 10.30 a.m. the complainant being the Food Inspector of CMC is said to have stopped the revision petitioners in all these cases while they were carrying milk on their bicycles and stopped and purchased required quantity of milk from them and for having purchased the milk he paid the amount and a receipt has been obtained from the revision petitioners and he divided the purchased milk into three equal parts separately, formalin was added in clean and dry bottles and packed in accordance with rules in the presence of panchas under a mahazer.