SUNDER LAL HEERALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the conviction of the petitioner-accused under section 7 (i) read with section 16 (1) (a) (i) of the prevention of Food Adulteration Act, 1954, (hereinafter described as the 'act'), for the alleged sale of adulterated buffalo milk, and the sentence of rigorous imprisonment for three months and a fine of Rs. 1,000/-, imposed upon him, thereunder, by the Courts below.

(2.) ON 29-4-1978, Dinesh Kumar Kulshershthya P. W. 1, Food 'inspector, Guna, purchased 660 ml. of milk from one of the two milk cans carried by the petitioner. The milk sample was divided into three equal parts and filled in three clean and dry bottles, which were duly fastened and sealed, in accordance with the procedure prescribed therefor. One of these bottles was sent for analysis, to the Public Analyst, Gwalior. Under the report dated 16-5-1978 (Ex. P-8), given by the latter, it was disclosed that the milk sample contained 2. 5% of fat and 5. 1% of solid non-fats, which did not conform to the standard prescribed therefor (5% and 9% respectively ). Accordingly, the Food Inspector filed the complaint against the petitioner in the Court of the Chief Judicial Magistrate, Guna, on 5-6-1978. It was alleged that a copy of the report of the Public Analyst was sent to the petitioner, along with the covering memo, dated 14-6-1978 (Ex. P-9) in accordance with the requirement of section 13 (2) of the Act and the Rules framed thereunder.

(3.) RELYING on the evidence furnished by Food Inspector Dinesh Kumar Kulshershthya P. W. 1 and public witness Ravindra Kumar P. W. 2, as also the documents Ex. P-1 to Ex. P-9, filed in the case, the learned trial Magistrate convicted and sentenced the petitioner, as described in para 1 above. The appeal filed by the petitioner was dismissed by the sessions Judge, Guna, under his judgment dated 26-5-1981.