MATROO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by Matroo (hereinafter described as "the petitioner") directed against the judgment and order of sentence passed by the learned Chief Judicial Magistrate, Faridabad, dated 7.1.1988. The petitioner was held guilty of the offence punishable under Section 16(1)(b)(i) read with Section 7 of the Prevention of Food Adulteration Act. He was sentenced 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 further rigorous imprisonment for three months. The petitioner had preferred an appeal which was dismissed by the learned Additional Sessions Judge, Faridabad, on 13.7.1988.

(2.) THE facts of the prosecution case are that on 28.8.1984 at about 4.00 P.M. Govt. Food Inspector Shri R.D. Goel accompanied by Dr. (Mrs.) M.K. Bhatia had intercepted the petitioner at Mathura road. He was having in his possession 10 Kgs. of cow milk contained in a drum for public sale. The Food Inspector had disclosed his identity. After giving notice, he purchased 660 mls. of cow milk. It was placed in three dry and clean bottles. Requisite drops of formalin were added in each bottle. These were sealed as per requirement of law. Spot memo was prepared. One bottle was sent to the Public Analyst, Haryana, while the other two bottles were deposited with the Local Health Authority. The Public Analyst intimated that the milk solids not fat were 6% deficient and thus the same was adulterated. It is thereafter that the complaint was filed in the Court.

(3.) THE learned Chief Judicial Magistrate held the petitioner guilty of the offence punishable under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. The plea of the petitioner that he has been falsely implicated and that the milk was only for domestic use was not accepted. The abovesaid order of sentence was also passed.