RAM BHAJAN Vs. STATE OF M P

JUDGEMENT

(1.) REVISION petitioner Ram Bhajan has been convicted under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (here in after)referred to as "act" for short) and sentenced to undergo R. I. for 6 months and pay a fine of Rs. 1,000/- with default clause. The conviction and sentence have been confirmed by the Sessions Judge, hence this revision.

(2.) PETITIONER was a milk vendor. On 18-2-1981 he was selling buffalo milk. Hardayal Dubey (P. W. 2), Food Inspector exercising jurisdiction over Village Saliwada, Block Kundum, accosted the petitioner, disclosed his identity and desired to purchase the buffalo milk for the purpose of analysis and dealt with the same in accordance with the provisions of the Act and Rules framed thereunder. A part of the sample was sent to the public analyst who reported that the milk did not conform to the standard prescribed for buffalo milk and was adulterated. A copy of the report with intimation was forwarded to the revision petitioner. After the Food Inspector lodged a complaint, revision petitioner denied his guilt. The two Courts below on the appreciation of the evidence produced by the Food Inspector Hardayal Dubey (P. W. 1) and the documentary evidence, upheld the prosecution case.

(3.) LEARNED Counsel for the petitioner raised the following grounds challenging the correctness, legality and propriety of the conviction recorded against the petitioner :-