HEMRAM PATEL Vs. STATE OF C.G.

JUDGEMENT

(1.) The present criminal Revision is against the judgment dated 23.12.2013 passed by the Second Additional Sessions Judge, Raigarh in Criminal Appeal No. 95 of 2002 whereby the Court below has affirmed the conviction of the applicant for the offence under Sec. 7 (1) read with Sec. 16 (1) A (1) of the Prevention of Food Adulteration Act, 1954 and sentence of rigorous imprisonment for six months and Rs. 1,000.00 as fine with default stipulation.

(2.) The facts relevant for adjudication of the revision petition are that the applicant was found carrying 15 Kg. milk for sale purposes on 29th May, 199 The Food Inspector and the Assistant Food Inspector of the flying squad of District Raigarh belonging to the Food and Drugs Department, on suspicion, collected samples of the milk which was in the possession of the present applicant for chemical examination doubting adulteration. Accordingly, three samples of milk were collected and sealed in bottles. One of the samples were sent for obtaining the report of Public Analyst at Bhopal. The remaining two samples were deposited to be stored in the office of the local health authority. The report of the public analyst reflected that the milk which was subjected to analysis was found to be of below the prescribed standard. Subsequently, a case in this regard was filed before the JMFC, Dharamjaigarh registered as Criminal Case No. 745 of 199

(3.) The prosecution in all examined four witnesses. There was no witness examined on behalf of the defence. After conclusion of trial, the JMFC vide order dated 22.07.2002 found the applicant guilty of having committed the offence under Sec. 7(1) read with Sec. 16(1) (A) (1) of the Prevention of Food Adulteration Act and accordingly, sentenced him to undergo RI for six months with fine of Rs. 1,000.00 with default stipulation for the said offence.