PREM CHAND Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Revision has been directed against the judgment and order dated 10.11.1987 passed by Shri D.C. Srivastava, the then Sessions Judge, Tehri Garhwal, dismissing the Criminal Appeal No. 6 of 1987 and confirming the order and judgment dated 20.04.1987 passed by the learned Chief Judicial Magistrate, Tehri Garhwal in Criminal Case No. 40 of 1984 State Vs. Prem Chand u/s 7/16 of Prevention of Food Adulteration Act and sentencing the revisionist to undergo R.I. for a period of 1 year and to pay a fine of Rs. 2000/ - in default of payment five months further R.I.

(2.) BRIEF facts for the disposal of this revision are that the Food Inspector took the sample of milk of cow and buffalo on 14.11.1983. Thereafter the said milk was sent to the Public Analyst for its examination. According to the report, the said milk was found adulterated within the definition of the Food Adulteration Act. Thereafter sanction was obtained from the C.M.O. and the complaint was filed before the court. During the trial the learned Magistrate framed the charges and the revisionist denied the allegations made in the complaint and claimed the trial.

(3.) THEREAFTER , the prosecution examined the evidence of J.L. Naithani, the Food Inspector -PW1 who took the sample of the milk and also examined Jagdish Prasad Badoni as PW2 who was present at the time of taking the sample of the milk and he signed the Form -2 by which the milk was taken on sale from the revisionist. The revisionist also signed the paper pertaining to the purchase of milk by the Food Inspector. The prosecution also examined Murti Singh Pundir -PW2 who had proved that the notice u/s 13 (2) of the Prevention of Food Adulteration Act was sent to the revisionist and it was not received and he also filed the receipt of the registered letter.