RAGHBIR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Additional Sessions Judge maintaining the conviction of the petitioner under sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). The prosecution case against the petitioner was as under:-

(2.) Shri Vidya Sagar P.W. 1, Shri Joginder Singh P.W. 3, another Food Inspector, and Shri Jagdish Chander P.W. 4, a public witness, were produced by the complainant in support of the allegations made in the complaint. These witnesses had supported the allegation that a sample of indicated cow's milk had been taken from the petitioner who was selling milk at that time and that the sample was divided into three parts and put in bottles which were sealed.

(3.) In his examination, under section 342, Code of Criminal Procedure, the petitioner denied the allegations made in the complaint against him. He denied that any sample of milk was taken from him or that he sold milk. The petitioner produced two defence witnesses - Shri Bishambar Dayal D.W. 1 and Shri Khajan Singh D.W. 2. Both the witnesses stated that the petitioner was an agriculturist and had never sold milk.