RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was tried under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 on the ground that the sample of mixed milk seized from him was found deficient by 3.5% in respect of milk solids not fat. Accordingly, vide judgment and order dated 1.9.1987, Chief Judicial Magistrate, Sonepat, convicted him for the said offence and sentenced him to undergo RI for a period of six months and to pay a fine of Rs. 1000/-. In default of payment of fine, he was required to undergo RI for four months. Aggrieved of the same, the petitioner filed an appeal, which was accepted by Additional Sessions Judge, Sonepat on 6.7.1988. His conviction and sentence were set aside and the case remanded for de novo trial. Pursuant thereto, warrant trial was ordered on 22.7.1992. Pre-charge evidence was, thereafter, recorded and the charge framed against the petitioner on 26.8.1992 to which he pleaded not guilty and claimed trial. Vide judgment dated 12.5.1994, Additional Chief Judicial Magistrate, Sonepat, once again, convicted the petitioner for offence punishable under Section 7 read with Section 16(1)(a)(i) of the Act and vide order dated 16.5.1994 sentenced him to undergo RI for six months and to pay a fine of Rs. 1000/-. In default thereof, he was required to undergo further RI for two months. Aggrieved of the same, the petitioner filed an appeal, which has been dismissed by Additional Sessions Judge, Sonepat, on 10.11.1997. Under these circumstances, the petitioner is now before this Court by way of a revision filed under Sections 397/401 Cr.P.C.

(2.) According to the case of the prosecution Shri S.K. Sharma, Govt. Food Inspector alongwith Dr. Baldev Datta, Deputy Chief Medical Officer, was present near Geeta Bhawan chowk, Sonepat, on 26.7.1982. The accused while carrying three drums containing about 50 kgs of mixed milk was intercepted. The milk was meant for public sale. The Food Inspector demanded a sample of mixed milk by serving notice Ex. PA upon the accused and 660 mls of mixed milk was purchased after its contents were thoroughly mixed and made homogenous. The purchased milk was divided into three equal parts and 18 drops of formalin 40% were added to each of the three bottles in which the purchased milk was put. The bottles were stoppered, tagged and securely fastened. One sealed bottle with specimen impression of seal used was sent to the Public Analyst. Two sealed sample bottles were deposited with the Local Health Authority, Sonepat. After receipt of report Ex. PD from the Public Analyst whereby it was found that milk solids not fat were deficient by 3.5% of the minimum prescribed for mixed milk, the Government Food Inspector filed the complaint Ex. PE in the Court.

(3.) In support of its case, the prosecution had examined Dr. Baldev Datta, Deputy Senior Medical Officer, Sonepat as PW1, Sh. A.N. Sharma, Government Food Inspector as PW2 and Sh. S.K. Sharma, Government Food Inspector as PW3.