MAHAVIR Vs. STATE THROUGH GOVT. FOOD INSPECTOR

JUDGEMENT

(1.) THIS revision has been directed against orders of conviction and sentence recorded by the Chief Judicial Magistrate, Jind, dated October 11/14, 1986 whereby petitioner herein was sentenced to undergo RI for ten months and to pay fine of Rs. 1000/- or in default of payment thereof, to further undergo R.I. for five months. In an appeal preferred by the petitioner, learned Additional Sessions Judge Jind, vide order dated January 6, 1988, confirmed the orders as referred to above passed by the trial Magistrate.

(2.) BRIEFLY put, the prosecution case had been that on February 17, 1984 at about 7 p.m. Govt. Food Inspector, Moti Ram, in the company of Dr. S.P. Aggarwal and one Suraj Bhan, intercepted the petitioner when he was found carrying 10 kgs. of cow's milk in a drum on his cycle. The Food Inspector purchased required quantity of milk from the petitioner and sealed it in accordance with instructions. The Public Analyst vide report, Ex.PD reported that milk was adulterated inasmuch as the milk fat and milk solids not fat contents in it were 7.5 and 9 per cent respectively deficient of the minimum prescribed standards.

(3.) LEARNED Counsel for the petitioner has taken me through the judgments recorded by the Courts below. Only half-hearted attempt has been made to ask for clean acquittal of the petitioner on the ground that the only independent witness, namely, Suraj Bhan, was not examined by the prosecution. He was given up as having been won over. Petitioner examined him as DW1, who completely demolished the prosecution case. In these circumstances the Court ought to have acquitted the petitioner, thus, contends the counsel.