DINESH GIRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has been convicted for the offences punishable under Section 16(1)(a)(i) and 7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and has been ordered to suffer sentence of Rigorous Imprisonment for six months and fine of Rs.1000/- and in default two months further Rigorous Imprisonment.

(2.) In brief the case of prosecution is that on 23-3-1988, Food Inspector H.D. Dubey (PW1) obtained sample of milk from the applicant who was carrying the milk for sale. It is said that the applicant was serving for Kabul Singh and was carrying the milk for him. The milk which was being carried by the applicant was said to be of cow and she buffalo. The Food Inspector after performing the necessary formalities sent the sample to the Public Analyst at Bhopal, which was received in the offence of Public Analyst on 29-3-1993 vide Ex.P-9. The report of Public Analyst is Ex. P12, according to which the impugned sample of milk was found to be adulterated and hence the applicant was prosecuted after serving notice upon him.

(3.) The learned trial Judge framed charges under Section 7(1) read with Section 16(1)(a)(i) of the Act which was abjured by the applicant.