FAKIR CHAND Vs. GOVT. FOOD INSPECTOR

JUDGEMENT

(1.) THIS revision is directed by Faquir Chand, petitioner, against the judgment dated 13.7.2001 passed by the Additional Sessions Judge, Hisar, whereby he dismissed the appeal and maintained the judgment and order dated 8.3.1999 passed by the Sub Divisional Judicial Magistrate, Hisar, whereby she found the petitioner guilty and convicted him under Section 7 of the Prevention of Food Adulteration Act, 1954 and sentenced him to undergo RI for six months and a fine of Rs. 1,000/-. In default of payment of fine, he was further sentenced to undergo RI for one month.

(2.) BRIEFLY stated, the facts are that the Government Food Inspector, on 30.12.1992 at about 10 A.M. at G.T. Road, Adarsh Cinema, Hansi, intercepted the petitioner who was having in his possession about 10 kgs. of buffalo milk for public sale contained in a drum. The Government Food Inspector expressed his intention to take a sample of the buffalo milk and as such gave notice in writing. He purchased 750 mls. of buffalo milk from the petitioner after stirring the whole milk properly and making it homogeneous for analysis purposes, after making payment of Rs. 5.25. The sample so purchased was divided into three equal parts and put into three dry and clean bottles. The bottles were duly labelled and sealed and one sample bottle was sent alongwith memo form VII to the Public Analyst for analysis. Upon receipt of the report of the Public Analyst, the sample was found to be adulterated as milk fat was deficient by 40% of the minimum prescribed standard. Accordingly, the complaint was lodged.

(3.) HAVING made out a prima facie case, the petitioner was charged under Section 7 read with Section 16(1)(a)(i) of the Act, to which he pleaded not guilty and claimed trial.