LAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the judgment dated 31.08.2012 passed by the learned Additional Sessions Judge, Nuh whereby he upheld the judgment/order dated 26.02.2010 and 02.03.2010 passed by the learned Chief Judicial Magistrate, Nuh vide which petitioner was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') for simple imprisonment of six months and to pay a fine of Rs. 1000/- and in default of payment of fine, he shall further undergo for two month simple imprisonment.

(2.) Brief facts of the case are that Government Food Inspector had filed a complaint under Section 7 read with Section 16 of the Act with the allegation that on 04.06.2001, the complainant-Prithvi Singh accompanied by Dr. Vishesh Kumar, the then Medical Officer, General Hospital, Gurgaon had intercepted the accused Lal Chand at Palwal Road, he was having about 200 liters of mixed milk for public sale contained in six drums on Tata 407 bearing No. HR26 GA- 1023 and demanded a sample of mixed milk by giving him notice in writing on Form VI. 750 mls. The milk was purchased after mixing by plunger clock wise and anti close wise on payment of Rs. 7.50 which was divided into three equal parts. The report of the Public Analyst, Haryana, Chandigarh shows that the sample contains 7.9% of milk solids not fat against the minimum specified limit of 8.5% as laid down for mixed milk under item No. A.11.01.11 of the Prevention of Food Adulteration Rules, 1955.

(3.) Vide order dated 01.08.2011, the accused was ordered to be summoned and thereafter charges were framed on 25.11.2009.