LAWS(P&H)-2003-2-133

TIKKA RAM Vs. STATE OF HARYANA

Decided On February 05, 2003
TIKKA RAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS revision has been directed against the judgment/order dated 22.10.1988 vide which the petitioner has been convicted and sentenced to undergo rigorous imprisonment for eight months and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for two months under Section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act. The petitioner filed appeal before Additional Sessions Judge, Sonepat. In the appeal, the conviction and sentence were upheld, aggrieved by which the present revision petition has been filed.

(2.) IN succinct, the case of the prosecution is that on 15.9.1987 at about 9.05 A.M. Shri C.L. Sikri, Government Food Inspector, Sonepat along with Dr. K.R. Rathee, Dy. Chief Medical Officer went to the shop of the petitioner. The petitioner was found in possession of 10 Kg. of boiled cow's milk for public sale contained in an aluminum patilla. The Government Food Inspector disclosed his identity and served notice in writing Ex. PA upon the petitioner and purchased 750 mls of cow's milk from the petitioner after stirring and mixing the same properly for Rs. 3.50 P. The receipt Ex. PB was also obtained by him. The milk so purchased was then divided into three equal parts and put in three dry and clear bottles. After adding the required quantity of formalin as preservative, the bottles were stoppered and sealed according to law. Thereafter one of the sealed sample along with memo in form VII was sent to the Public Analyst, Haryana, Chandigarh in a sealed box through railway parcel and the other two sealed samples were deposited with the Local Health Authority, Sonepat along with memo in form VII.

(3.) AFTER appearance of the petitioner in the Court, the second part of the sample was sent to the Director, Central Food Laboratory, Mysore for analysis and report on his request, who sent his report Ex. PG to the effect, that the milk fat contents were found to be below the minimum prescribed limit of 4 per cent.