LAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by Lal Chand, hereinafter described as "the petitioner", directed against the judgment and order of sentence dated 12.4.1988 and 15.4.1988 respectively passed by the learned Chief Judicial Magistrate, Narnaul, and of the learned Sessions Judge, Narnaul, dated 8.8.1988. The learned trial Court had held the petitioner guilty of the offence punishable under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 and sentenced the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. In default of payment of fine, he was to undergo rigorous imprisonment for three months. The appeal preferred by the petitioner was dismissed by the learned Sessions Judge, Narnaul.

(2.) THE relevant facts are that on 17.7.1981 the petitioner was intercepted by Piare Lal, Govt. Food Inspector, in the presence of Dr. Ram Pal Singh, Medical Officer. It was 5.30 p.m. and the petitioner was near a place known as Nalapur in Narnaul town. He was carrying 7 Kgs of cow's milk. A notice was serviced upon the petitioner by the Govt. Food Inspector showing his intention to take a sample. 660 mls of cow's milk was taken as a sample after stirring the same. It was divided into three equal parts. Thereupon, formalin drops in accordance with the rules were added. They were converted into three different bottles which were properly sealed. One sample bottle was despatched to the Public Analyst, Chandigarh, who reported that the sample milk was 5% deficient in milk fat and 6.1% deficient in milk solids not fat. On these broad facts, the complaint as such was filed.

(3.) THE short question that arises for consideration is as to whether the milk was stirred and made homogeneous before the sample was taken or not. The principle of law cannot be disputed that before such a sample is taken the milk must be homogeneous. This is so because the fats settle on the top in the case of milk.