SANMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "P.F. Act") vide judgment dated 12.4.1999 passed by the Chief Judicial Magistrate, Raisen in Criminal Case No.649/89 and sentenced for six months rigorous imprisonment with fine of Rs.1000/-. In Criminal Appeal No.46/1999 the learned IInd Additional Sessions Judge, Raisen vide judgment dated 7.7.1999 dismissed the appeal. Being aggrieved with aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) The prosecution's case in short is that on 9.8.1989, the Food Inspector Shri D. V. Kelkar (PW1) went to Naktara Bus Stand, Raisen for inspection. At about 8.00 a.m, he found that the applicant was coming from the outskirts with some brass cans and aluminum cans on a bicycle. He was stopped and a sample of 750 ml. of goat milk was taken by the Food Inspector. Sample was divided into three parts and 20 drops of formalin were added on each of the part and thereafter, the samples were duly sealed with the paper slips given by the Local Health Authority and properly wrapped. One part of the sample was sent to the Public Analyst for analysis and the other parts were deposited in the office of the Local Health Authority. The Public Analyst vide its report Ex.P/12 dated 18.9.1989 gave the report that the sample was adulterated. Thereafter, a sanction was obtained from the concerned authority to file a complaint and a notice under Section 13(2) of the P.F. Act was sent to the applicant and consequently, it was served upon him. A complaint was filed by the Food Inspector.

(3.) The applicant abjured his guilt. He has stated before the trial Court that he does not affix his thumb impression and therefore, he was not the person from whom the milk sample as taken. In defence one Shyamlal (DW1) was examined.