SANJAY KUMAR Vs. HARYANA STATE

JUDGEMENT

(1.) This revision is directed against the judgment dated 1.2.2005 passed by the court of learned Additional Sessions Judge, Fatehabad whereby he dismissed the appeal filed by Sanjay Kumar accused against the judgment/order of sentence dated 5/7.2.2003 rendered by the court of learned Chief Judicial Magistrate, Fatehabad vide which he convicted and sentenced the said accused to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-under Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred to as the Act) and in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) The factual matrix is that on 28.10.1993 at about 8.50 A.M. Megh Nath, Government Food Inspector (for short the G.F.I.) accompanied by S.P. Mimani, Medical Officer, General Hospital, Fatehabad intercepted the accused at Lajpat Nagar, Fatehabad and found him in possession of 35 Kgs of cow's milk for public sale contained in two drums. The G.F.I. disclosed his identity and demanded sample of milk by giving a notice and purchased 750 mls of cow's milk from the accused after mixing the contents of the milk in the drum against payment of Rs. 4/-. The said milk was divided into three equal parts and put in three dry and clean bottles, which were stoppered, labelled, wrapped and sealed as per provisions of the Prevention of Food Adulteration Rules. One part of the sample, was sent to the Public Analyst, Haryana Chandigarh for analysis, while the other two were deposited with the Local Health Authority. On receipt of Public Analyst's report, the complaint was lodged in the court for trial of the accused.

(3.) After recording of pre-charge evidence, the accused was charged under Sections 7 read with Section 16(1)(a)(i) of the Act, to which he did not plead guilty and claimed trial. After examining three witnesses, the evidence was closed by the complainant.