HARIOM GADRI Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 16 (1 -A) (i) Prevention of Food Adulteration Act (hereinafter it will be referred to as the 'PF Act') vide judgment dated 14.2.1997 passed by the JMFC, Seoni Malwa, District Hoshangabad in criminal case No.455/1990 and sentenced for 6 months' rigorous imprisonment with fine of Rs.1,000/ -. In criminal appeal No.17/1997, the learned First Additional Sessions Judge, Hoshangabad vide judgment dated 21.1.1998 dismissed the appeal filed by the applicant. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 18.8.1990, at about 10.30 a.m., the food inspector Shri Prem Chand Sikri (P.W.1) went to the shop of Rajendra Uphar Grah, where the applicant was selling cow milk kept in two cans. The complainant took the sample of cow milk and it was duly sealed and packed. Various memos were prepared for the procedure adopted in taking the samples. One part of the sample was sent to the public analyst and the public analyst gave his report, Ex.P/13 and found the milk fat in sample to be 4.9%, whereas milk solid not fat was found 7.0% and therefore, it was found that sample was adulterated. The Deputy Director, Food and Medicine Administration, Hoshangabad vide order, Ex.P/14 gave a sanction of prosecution and therefore, a notice of section 13(2) of the PF Act, Ex.P/15 was sent to the applicant by registered post. Thereafter, a complaint was filed.

(3.) THE applicant abjured his guilt. He took a plea that the entire milk was of one Kesharinandan and therefore, the complainant after seizure, directed him to send for Kesharinandan but, ultimately, a case was initiated against the applicant. In defence, Kesharinandan (D.W.1) was examined.