BALWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present revision filed under Section 401 Cr.P.C., the petitioner has assailed his conviction under Section 16(1)(a) (i) read with Section 7 of the Prevention of Food Adulteration Act and sentence of rigorous imprisonment for six months and fine of Rs. 1,000/-, as awarded by Sub Divisional Judicial Magistrate, Hansi on 27.7.1991 and upheld in appeal by Additional Sessions Judge, Hisar on 23.2.1994.

(2.) According to the prosecution, on 25.12.1986, Food Inspector R.R. Jindal in the presence of Dr. K.C. Aggarwal and one Banwari intercepted the petitioner near Delhi Octroi, Hansi while he was carrying a drum containing 20 litres buffalo milk on a bicycle. The Food Inspector served notice on the petitioner on Form VI prescribed under the Prevention of Food Adulteration Rules, 1955 and thereafter purchased 750 mls. of buffalo milk after mixing the whole contents properly and making it uniform for analysis. The milk so purchased was divided into three equal parts and bottled into three dry, clean and empty bottles. Two drops of 40% formalin per 25 mls were added as preservative in each bottle. The bottles were stoppered tightly and sealed on the neck as per law. One of the samples was sent to the Public Analyst, who vide report Ex.PE declared that the analysis of the sample showed milk fat as 5.2% and milk solids not fat as 8.6% and, therefore, he was of the opinion that the milk fat was 13.0% deficient and milk solids not fat 4.0% deficient of the minimum prescribed standards. The copy of the report of the Public Analyst was sent to the petitioner under registered post. This was followed by filing of a criminal complaint, wherein the petitioner was summoned for the aforementioned offences, to which he pleaded not guilty and claimed trial.

(3.) In support of its case, the prosecution had examined PW1 R.R. Jindal, Food Inspector, PW2 Dr K.C. Aggarwal and PW3 Sant Lal, Clerk, Local Health Authority, Hansi.