RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Raj Kumar has filed the present revision petition. He has been convicted by the Court of Addl. Chief Judicial Magistrate, Sonepat in a complaint filed by Government Food Inspector. The petitioner has been held guilty for offence under Section 16(1)(a)(i) of the Act and has been sentenced to undergo simple imprisonment for a period of six months. A fine of Rs. 2000/- was also imposed and it is ordered that in default of payment of fine, petitioner shall undergo imprisonment for a period of two months. Fine was paid.

(2.) Aggrieved with the same, the petitioner had filed an appeal. The appeal was dismissed. Conviction was upheld and sentence was maintained.

(3.) Prosecution case is that on 22.05.1985 at about 6.30 AM, Government Food Inspector S.L. Anand accompanied by A.R. Nehra Government Food Inspector and Dr. Baldev Dutta had intercepted the accused near railway workshop, Sonepat. Petitioner was carrying 30 ltrs. of cow milk in two drums, meant for the public sale. According to the procedure prescribed, 660 ml. grams of milk was purchased from a drum containing 20 litres of cow milk. It was further stated in the complaint that the milk was properly stirred. Three samples were prepared. One of the samples was sent to the Public Analyst, Haryana, Chandigarh. The Public Analyst vide its report Ex.PE opined that the milk fat was 2 per cent, and milk solids not fat were 4.5 per cent. Thus the milk fat was deficient by 50 per cent and milk solids not fat was deficient by 4.7 per cent. Since the sample did not conform to the prescribed standard, milk was held to be adulterated.