CHHOTELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has preferred this revision against the appellate judgment dated 8. 1. 99 passed by Sessions Judge, Raisen in Criminal Appeal No. 80/98, 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.) APPLICANT was tried for the offence under Section 7 (i)/16 (1) (a) (i) of the Act before Chief Judicial Magistrate, Raisen on the basis of complaint instituted by Food Inspector R. K. Singh. It is alleged that on 25. 12. 90 at about 8 'o'clock in the morning at barna Colony, Badi, during checking by the Food Inspector r. K. Singh, applicant was found carrying 8 liters of mixed milk (cow and buffalo milk) for sale. Food Inspector R. K. Singh then introduced himself to the applicant and purchased 750ml of mixed milk from the applicant for analysis in presence of panch witnesses and gave him a notice in writing in Form No. VI to have it analyzed. The Food Inspector then divided the sample of mixed milk collected from the applicant into three equal parts and filled each part in three clean and dried bottles, added prescribed quantity of formalin in each bottle and duly packed and sealed them, sent one of its parts to the Public Analyst for analysis and the remaining two parts to the Local Health Authority. Upon 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 the prosecution, notice under section 13 (2) of the Act alongwith the report of the Public Analyst was sent to the applicant by registered post.

(3.) AFTER trial, Chief Judicial Magistrate, Raisen, found the applicant guilty for selling adulterated mixed milk of cow and buffalo 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/-by judgment dated 29. 7. 98 passed in Criminal case No. 269/91.