GULAB Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has preferred this revision against the appellate judgment dated 26-2-98 passed by II nd Additional Sessions Judge, Teekamgarh in criminal Appeal No. 28/95, 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, teekamgarh 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 the Chief Judicial Magistrate, Teekamgarh on the basis of complaint instituted by Food Inspector Nazar Mohd. It is alleged that on 25-5-89 at about 11 O'clock in the morning at Motor-stand Teekamgarh, during checking by Food Inspector Nazar Mohd. applicant was found carrying 12 litres of cow-milk in two cans for sale, which appeared to be adulterated. Food inspector Nazar Mohd. Then purchased a sample of 750 ml of cow-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 cow-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 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, Teekamgarh 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 six months' Rigorous imprisonment and fine of Rs. 1,000/- by judgment dated 8-8-95 passed in criminal Case No. 907/89.