SHER SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) ALMOST opposite Bus Stand, Bhiwani, around 10.10 p.m. on July 30, 1981 accused petitioner Sher Singh was found carrying 20 Kgs. of cow's milk for public sale. Government Food Inspector Dev Raj purchased 660 ml. of milk out of it for Rs. 2/- as sample which was found on analysis to be adulterated. On being prosecuted for it, learned trial Court vide its impugned judgment dated January 18, 1983 convicted the accused of the commission of the offended under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced him to undergo rigorous imprisonment for a period of 6 months and pay Rs. 1000/- as fine. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of four months.

(2.) IN Criminal Appeal No. 12 of 1983 decided on 20th March, 1986 learned lower Appellate Court maintained both the conviction and the sentence passed against him by the learned trial Court. Convicted accused Sher Singh has filed Criminal Revision No. 475 of 1986 in this Court.

(3.) REPORT Exhibit PE submitted by the Public Analyst gives out milk fat as 6.5% as against prescribed 4% of cow's milk. Milk solids not fat are stated to be 8.1% as against prescribed stranded of 8.5% i.e. 0.4 per cent less than the prescribed standard. In such a situation it was held in Hans Raj v. The State of Punjab, 1980(2) Food Adulteration Cases 396 :-