RAGHBIR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 16.09.2005 passed by Addl. Sessions Judge, Kurukshetra against the judgment dated 01/02.03.2004 passed by Sub-Divisional Judicial Magistrate, Pehowa convicting and sentening the accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. Rs. 2000/- under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for brevity the 'Act').

(2.) Factual matrix of the case is that on 27.10.1997 Rajinder Singh, Government Food Inspector, Kurukshetra, inspected the premises of the petitioner known as "Saraswati Misthan Bhandar", Pehowa run by Raghbir Sharma and found him in possession of 10 kilograms of boiled buffalo milk contained in a Patila for public sale. After serving notice in form VI upon him and stirring the milk in the container, he purchased 750 mls. of the said milk. After stirring and making it homogeneous, he divided the same into three equal parts and put in three dryclean bottles. Then sealed parcel along with memorandum in Form No. VII were sent to public analyst, whereas remaining two parts were deposited with local health authority. On the report dated 28.10.1997, it revealed that the sample was adulterated inasmuch as the milk fat was found to be 5% and milk solids not fat were found to be 7.8%. Thereafter, the complaint was filed. The accused also availed the right of re-analysis by getting the same examined through Director, Central Food Laboratory, Pune, who also found the sample to be adulterated inasmuch as milk fat was found to be 4.3% whereas milk solids not fat as 9.2% as against the minimum prescribed standard of 6.0% and 9.0% respectively.

(3.) After recording the preliminary evidence the accused was summoned. Thereafter, the case was tried as warrant case and was recorded pre charge evidence and then charge under Section 7/16 of the Act was framed against the accused, to which they pleaded not guilty and claimed trial.