BASANT RAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for commission of offence punishable under Section 7(1) read with Section 16(1)(A)(ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "PF Act, 1954") and sentenced for six months' rigorous imprisonment with fine of Rs.1000/-, by the Chief Judicial Magistrate, Betul vide judgment dated 19.9.2002 in Criminal Case No.437/1991. In Criminal Appeal No.88/2002, the learned Sessions Judge, Betul vide judgment dated 5.2.2003 dismissed the appeal of the applicant in toto. Being aggrieved with the judgments of both the Courts below, this criminal revision is preferred by the applicant.

(2.) Prosecution's case, in short, is that on 20.1.1991 at about 9:00 AM in the morning the Food Inspector Achal Singh (PW-2) went to inspect the various edible vendors at Bus Stand Betul. At that time the applicant came with three cans on his bicycle filled with milk. On enquiry he had informed that it was a mixed milk of cow and buffalo. After checking all the cans the Food Inspector proposed to take the sample of milk from one can having 10 liters. of milk. Thereafter the sample was taken and it was distributed in three dried, clean and odorless bottles and 20-20 drops of formalin were added. The sample was duly packed and the slip of the Local Health Authority was affixed on each part. One part of the sample was sent to the Public Analyst whereas two parts of the sample were deposited in the office of Local Health Authority. The Public Analyst vide his report dated 25.2.1991 found that the sample was adulterated. The complainant obtained a permission to file a prosecution from the Deputy Director Food and Drugs Administration and thereafter a complaint was filed on 7.5.1991 and a notice under Section 13(2) of the PF Act was given to the applicant. It was mailed by registered post on 13.5.1991. The applicant did not apply for analysis of the sample by the Central Food Laboratory.

(3.) The applicant-accused abjured his guilt before the trial Court. He took a specific plea that he was taking the milk for one Navange Babu, therefore he purchased the milk from Gulab Dhore for Navange Babu. In defence one Keshav Rao was examined.