RAM KISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Criminal Revision the applicant has challenged his conviction under section 16(1)(a) of the Food Adulteration Act (hereinafter referred to as the Act), for which he has been sentenced for six months rigorous imprisonment and to payment of line of Rs. 1000.00, in default rigorous imprisonment for six months, recorded by the Sessions Judge, Chhatarpur in Criminal Appeal No. 12 of 1977, decided on 26-3-1977, confirming the findings and order, dated 3-1-1977, passed by the Chief Judicial Magistrate, Chhatarpur, in Criminal Case No. 48 of 1975.

(2.) The brief facts of the case are that on 4th July, 1975 the Food Inspector K.N. Tripathi (P.W. 1) found the applicant selling buffalo milk within the Municipal limits of Chhatarpur. The Food Inspector gave notice to the applicant and on payment of price he purchased 660 ml. of milk which he divided into 3 parts and after adding 16 drops of preservative in each bottle. One of the bottles containing sample of milk was given to the applicant himself. The second one was sent to the Public Analyst, Rewa and the third one was kept by him for production in the Court. Thereafter, the Inspector prepared the necessary documents in the presence of Panchas complying with the legal formalities. The Public Analyst by his report (Ex. P. 5), dated 26-9-1975 certified that the sample of milk was adulterated. On the evidence of Food Inspector, K.N. Tripathi (P.W. 1) and Lokpal Singh (P.W. 2) and the report of the Public Analyst (Ex. P. 5), the learned Chief Judicial Magistrate, convicted the applicant as said above, which was confirmed in first appeal also. It is against this that the applicant has come up in revision before this Court.

(3.) I have heard Shri Hamid Khan counsel for the applicant and Shri P.S. Das, Panel Advocate for the State non-applicant. I have also perused the record of this case.