SUBASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUBASH Chander was convicted and sentenced to undergo R.I. for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to under go further R.I. for four months under Section 7 read with Section 16(1)(A)(i) of the Prevention of Food Adulteration Act (in short 'the Act'). Appeal preferred by the petitioner was dismissed by the learned Sessions Judge, Jind, whereby the conviction and sentence were upheld. Hence, the Revision Petition.

(2.) SUBASH Chander-petitioner was found in possession of 5 Kgs. of cow milk for sale. He was served with the notice Ex. PA. Six hundred sixty Miligrams of cow milk was drawn as sample, from the drum carried by him, on payment of Rs. 2/- against receipt Ex. PB. The purchased milk was divided into three equal parts and put into three dry and clean bottles. Eighteen drops of formalin were added in each bottle as preservative. The bottles were then securely fastened and wrapped and sealed in accordance with the rules. The spot memo. Ex. PC was prepared. One sealed bottle was sent to the Public Analyst, Haryana, Chandigarh, alongwith the copy of the memo. in sealed cover. A copy of the memo. in Form VII was also sent to the Public Analyst through registered post separately. After analysis, the sample was found adulterated and on the receipt of the report of the Public Analyst the complaint was filed.

(3.) THE learned Chief Judicial Magistrate found the prosecution evidence sufficient to convict the petitioner and recorded the conviction as above. In appeal, the conviction and sentence was maintained.