RICHHA RAM Vs. THE STATE

JUDGEMENT

(1.) On May 19, 1977, a Metropolitan Magistrate convicted the petitioner Richha Ram in respect of commission of an offence punishable under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00, in default of payment of which to undergo further rigorous imprisonment for three months. The present petitioner went in appeal which was dismissed on Aug. 26, 1977 by Shri H.K.S. Malik, Additional Sessions Judge, Delhi. The present revision petition is directed against the aforesaid conviction and sentence.

(2.) According to the prosecution on Feb. 8, 1976 the present petitioner sold 600 mls. of milk to Shri R.K. Mida, Food Inspector (PW 1) from a can containing milk weighing about 15 kilograms at Tuglakabad Railway Colony describing the same as cow milk. The said milk was divided into three equal parts and put in dry clean bottles in which formaline was added and the said bottles were sealed. One of the samples in a bottle was sent to the Public Analyst who gave a report dated Feb. 11, 1976 Exhibit PE to the effect that the milk was skimmed one, that the same had been wrongly declared as cows milk and that, therefore, there was misbranding. On receipt of that report a complaint Ex. PF was filed against the petitioner.

(3.) The prosecution examined three witnesses, namely R.K. Midda, Food Inspector (PW 1), Ravinder Kumar, Rakshak of Railway Protection Force, Saharanpur and Mohd. Nasim S.R.K. Railway Protection Force (PW 3). PW 2 and PW 3 did not support the prosecution in respect of the petitioner having misbranded the milk as that of cow. According to them the petitioner described the milk as skimmed one. Shri R.K. Mida (PW 1) however, supported the entire prosecution version.