HARGO LAL Vs. STATE

JUDGEMENT

(1.) This petition for revision by Hargo Lal son of Nanu Ram is against the judgment of the Additional Sessions Judge, Shri FI.C. Goel, affirming the conviction of the petitioner under section 7/16 of the Prevention of Food Adulteration Act and sentence of rigorous imprisonment for a period of six months and a fine of Rs. 1000.00 and in default of payment of fine to undergo further rigorous imprisonment for four months passed by Miss S. Saini, Judicial Magistrate 1st Class, vide her order dated 24-2-71.

(2.) The facts giving rise to the petition are that on 31st July, 1970 Ram Singh Food Inspector, visited the premises of the petitioner, Hargo Lal, at 6/33 Moti Nagar, New Delhi, where the petitioner is carrying on the business of selling milk and ghee. The Food Inspector disclosed his identity to the accused and purchased 660 ml. of cow's milk out of a drum containing five or six kilos of milk for the purpose of analysis. The Food Inspector paid 75 paise to the accused as the price of the milk and obtained the receipt Ex. P.A. The Food Inspector divided the sample in three equal parts and filled it in three clean and dry bottles. The Food Inspector added 18 drops of formalin in each bottle. The Food Inspector sealed the bottles and sent one part of the sample to the Public Analyst, one part was given to the accused and the third part was retained by the Food Inspector. The Food Inspector prepared the inventory Ex. P.C. with regard to the taking of the sample of cow's milk. The sample was taken in the presence of R. K. Kapur, Food Inspector and Shri Dwarka Das, a witness from the public. The sample was analysed by the Public Analyst on 1st Aug. 1970. The Public Analyst made the following report:- <FRM>JUDGEMENT_28_LAWS(DLH)10_1972_1.html</FRM>

(3.) On receipt of the report of the Public Analyst, the Assistant Municipal Prosecutor filed a complaint under section 7/16 of the Prevention of Food Adulteration Act against the accused on 5th Oct., 1970. On 4th Nov., 1970, the accused made an application to the court for sending the counter part of the sample in his possession for examination and report of the Director, Central Food Laboratory, Calcutta. On 12th Nov., 1970 the accused produced the third part of the sample in his possession before the court. The court on examination of the sample in the possession of the accused found that the cover of the sealed bottle in possession of the accused is torn and it does not appear to be in the same condition as it ought to have been when it was sealed by the Food Inspector at the spot. The Magistrate passed an order that the third part of the sample in possession of the Food Inspector be sent to the Director, Central Food Laboratory. Calcutta, for analysis. Accordingly, the third part of the sample was sent to the Director, Central Food Laboratory, Calcutta, for analysis.