BACHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition is seeking setting aside of judgment and order dtd. 11/7/2005 whereby learned Additional Sessions Judge, Jagadhari has upheld judgment and order dtd. 11/4/2003 passed by learned Additional Chief Judicial Magistrate, Jagadhari.

(2.) The brief facts emerging from record and which are necessary for the adjudication of the present petition are that on 19/5/1992 at about 9:00 AM Govt. Food Inspector (GFI) intercepted the accused and drew samples of milk from the drums which the petitioner was carrying. On testing of the samples, it was found that fat contents are less than prescribed under Prevention of Food Adulteration Act, 1954 (for short 'Act').

(3.) The respondent- State filed a complaint before learned Magistrate, Jagadhari which came to be adjudicated vide order dtd. 11/4/2003. Additional Chief Judicial Magistrate, Jagadhari vide judgment and order dtd. 11/4/2003 held the petitioner guilty and awarded sentence of 1 year, under Sec. 7 read with Sec. 16 (1)(a)(i) of the Act. Fine of Rs.2,000.00 was also imposed.