BHARAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 7 (1) read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter it will be referred to as the 'PF Act') vide judgment dated 16.10.1996 passed by the learned Chief Judicial Magistrate, Raisen (Shri U.C.Jain) in criminal case No.451/1990 and sentenced with 6 months' rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.169/1996, the learned Sessions Judge, Raisen vide judgment dated 11.6.1999 dismissed the appeal in toto. Being aggrieved by with judgments passed by the learned both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case, in short, is that, on 18.5.1990, the Food Inspector Shri S.C.Gupta (P.W.1) went to take a round in the city of Raisen. He found that the applicant had three cans of milk and he was selling the milk to one Bhanu Prakash Agrawal, the proprietor of Roshan Sweet House. The applicant kept the mixed milk of cow and goat in one can and food inspector proposed him to take a sample from that can. The Food Inspector purchased 750 ml. of mixed milk of cow and goat in a utensil and divided it into 3 parts in 3 dry, clean and odourless glass bottles.

(3.) The applicant abjured his guilt. He did not take any specific plea in the matter. However, one Hazari Lal (D.W.1) was examined as a defence witness.