PARSI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was tried by Sub Divisional Judicial Magistrate, Palwal for the offence under Section 16 (1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, on the allegations that the sample of cow milk taken from him was found to contain 2.4% milk fat and 4.5% milk solids not fat against the minimum prescribed as 4% and 8.5% respectively. Vide judgment and order dated 14/15.7.1999, the trial Court convicted the petitioner of the said offence and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-. In case of non payment of fine, he was to undergo further rigorous imprisonment for a period of three months. Aggrieved of the same, the petitioner filed an appeal, which was dismissed by Additional Sessions Judge (1), Faridabad on 25.9.2000, by reducing the sentence of imprisonment from one year to nine months, besides reducing the period in default of payment of fine from three months to two months. He is now before this Court by way of present revision filed under Section 401 Cr.P.C. According to the complaint filed by Balwan Singh, Govt. Food Inspector, Hodal, he alongwith Dr D.P.Gupta, Medical Officer, Civil Hospital, Hodal, inspected the hotel premises of the petitioner on 20.8.1993 at about 6.00 PM and found him in possession of about 20 kgs of cow milk for public sale. The said milk was contained in a Tub. The Food Inspector served a notice upon the petitioner and thereafter, mixed the whole contents properly so as to make them uniform for analysis. He then purchased 750 mls of cow milk against payment of Rs.6/-. The said purchased milk was divided into three equal parts and bottled in three dry, clean and empty bottles. Formalin was added in each bottle so as to preserve the contents thereof. After completing the formalities regarding recovery and sealing of the samples of the milk, the Govt. Food Inspector sent one sealed bottle to the Public Analyst, Haryana for analysis. The other two sealed bottles were deposited with the Local Health Authority, Faridabad. The report received from the Public Analyst showed that sample contained milk fat and milk solids not fat below the minimum prescribed standards and, thus, cow milk kept by the petitioner for sale was found to be adulterated. After appearance of the accused, Sub Divisional Judicial Magistrate, Palwal ordered his release on bail. Simultaneously, an order was also passed that the case would be tried in the manner prescribed for a warrant case.

(2.) In pre-charge evidence, the complainant examined himself as PW-1, Dr D.P.Gupta as PW-2 and Dr.Jagmohan Gandhi as PW-3. After considering the pre-charge evidence, the trial Court vide order dated 5.6.1997 ordered for framing of charge against the petitioner for the aforementioned offence. The petitioner pleaded not guilty to the charge and claimed trial. Subsequent to the framing of charge, Dr D.P.Gupta PW-2 and Govt. Food Inspector Balwan Singh PW-1 were recalled for further cross-examination. The petitioner, however, did not opt for further cross- examination of Dr Jagmohan Gandhi PW-3.

(3.) When examined under Section 313 Cr.P.C, the petitioner denied all the material allegations of the prosecution put to him and stated that he had been falsely implicated. However, he did not produce any evidence in his defence.