LAWS(P&H)-1991-9-108

BHANGI RAM @ KARAM Vs. U T ADMN , CHANDIGARH

Decided On September 26, 1991
Bhangi Ram @ Karam Appellant
V/S
U T Admn , Chandigarh Respondents

JUDGEMENT

(1.) BHANGI Ram alias Karam Chand has preferred this criminal revision against the order dated 3 -5 -86, passed by the learned Addl. Sessions Judge, Chandigarh in appeal, vide which, he affirmed the order of conviction and sentence of the petitioner, passed by the learned Judicial Magistrate I Class, Chandigarh, sentencing him to RI for 6 months and to pay a fine of Rs. 1,000/ -. In default of payment of fine, he was ordered to suffer further RI for 3 months.

(2.) A complaint under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act was filed by Food Inspector Mohinder Singh, on the allegations that on 3.11.79, at about 10 a.m. the petitioner was intercepted while carrying 20 kg. of cow's milk. After serving a notice on him, the Food Inspector purchased a sample which was divided into 3 equal parts. He then added formaline to the sample milk duly stoppered and sealed the same. On analysis, the sample was found to be adulterated, being deficient in milk fats, which were 3.1 per cent against 4 per cent and milk solids not fat were 6.1 per cent as against 8.3 per cent of the required standard.

(3.) THE Food Inspector appeared as his own witness. The other witness to the taking of sample, namely Manjit Singh was given up on the plea that his address was not known.