MUNNALAL Vs. STATE OF M P

JUDGEMENT

(1.) Applicant has preferred this revision against the appellate judgment dated 18.6.98 passed by Sessions Judge, Raisen in Criminal Appeal No. 8/98, whereby the conviction of the applicant under section 7(i)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'Act') recorded by Chief Judicial Magistrate, Raisen and sentence passed on him are upheld.

(2.) It is alleged that applicant is a milk-vender. On 21.11.86 at about 8.15 A.M., when applicant was carrying 12-14 litres of cow-milk in two canes for sale he was checked by Food Inspector, S.C. Gupta. Food Inspector S.C. Gupta, after inquiring the rate and species of the milk from the applicant, purchased 750 ml of cow-milk from him for analysis in presence of panch witnesses after giving him notice in writing in form no. VI to have it analyzed. The Food Inspector then divided the sample of cow- milk in three equal parts and filled each part in clean and dried bottles, added prescribed quantity of Formalin and duly sealed each part and sent one of its part to the Public Analyst for analysis and sent the remaining two parts to Local Health Authority. After analysis, the sample of milk taken from the applicant was found to be adulterated. After obtaining necessary sanction, applicant was prosecuted under section 7(i)/16(1)(a)(i) of the Act. After the institution of prosecution, notice under section 13(2) of the act alongwith report of Public Analyst was sent to the applicant by registered post, which was refused by him.

(3.) Applicant was tried for the offence under section 7(i)/16(1)(a)(i) of the Act before Chief Judicial Magistrate, Raisen. After trial Chief Judicial Magistrate, Raisen found the applicant guilty for selling adulterated cow-milk and convicted him under section 7(i)/16(1)(a)(i) of the Act and sentenced him to rigorous imprisonment for six months with fine of Rs. 1,000/-, in default further imprisonment for one month vide judgment dated 5.1.98 passed in Criminal Case. No. 40/87.