JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-accused (herein referred as 'the petitioner') has assailed the judgment dated 09.03.2004, passed by Addl. Sessions Judge, Gurgaon, dismissing his appeal against the judgment dated 22.09.1999, passed by Chief Judicial Magistrate, Gurgaon, convicting and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- under Section 61(1)(a)(i) of the prevention of Food Adulteration Act (for brevity 'the Act').

(2.) The allegations against the petitioner are that he was found having in his possession 25 litres of adulterated cow's milk, contained in two drums. The milk was properly stirred and made homogenous, thereafter sample milk was purchased, made into three parts, put into three dry and clean bottles and preservative was also added. The bottles were properly wrapped, stoppered and sealed and one of the sealed bottle was sent for public analysis. On receipt of the report of public analyst to the effect that the milk so purchased was not to the prescribed standards as laid down under the rules, complaint was filed against him.

(3.) After recording the preliminary evidence, notice of accusation was issued to the petitioner to which he denied as incorrect. The complainant led further evidence and the petitioner was also provided opportunity to further cross-examine the witnesses. He was also examined under Section 313 Cr.P.C. Opportunity to lead defence was also given. Ultimately the trial ended in conviction. His appeal also failed. Without assailing the judgment of conviction, learned counsel has urged for extending some leniency to the petitioner on the quantum of sentence.