LAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 12.12.1991 passed by the Additional Sessions Judge, Karnal vide which appeal filed by the petitioner was dismissed and the judgment and order passed by the Chief Judicial Magistrate, Karnal dated 17.5.1989 was maintained, vide which the petitioner was found guilty under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and in default of payment of fine, he was further sentenced to undergo rigorous imprisonment for two months.

(2.) BRIEFLY stated, the facts of the case are that on 23.2.1981, PW-1 Kali Ram, Government Food Inspector in the presence of Dr. Om Pal, Medical Officer and Amrik Singh son of Sucha Singh, intercepted the petitioner at about 7.00 P.M. He was found in his possession 12 kilograms of Cows' milk for public sale, contained in a drum. Kali Ram, Government Food Inspector disclosed his identity and expressed his desire to take sample of the milk for analysis. Thereafter he gave notice Ex. PA in Form No. VI and purchased 660 mls. of Cows' milk after mixing the whole contents properly against payment of Rs. 1.50 paise vide receipt Ex. PB. The milk so purchased was divided into three equal parts and was put in three dry and clean bottles, which were duly sealed in accordance with Rules. One of the sealed bottle along with memo in Form No. VII was sent to the Public Analyst for analysis, while the other two bottles along with memorandum in Form No. VIII where deposited with the Local Health Authority, Karnal. On receipt on the report of the Public Analyst, the sample was found to be deficient to the extent of 40% in milk fat of the minimum prescribed standard. Consequently, the copy of the report of the Public Analyst was sent to the petitioner by the Local Health Authority.

(3.) AFTER the appearance of the petitioner, the Food Inspector examined himself for the purpose of pre-charge evidence. After having found a prima facie case, the petitioner was charge-sheeted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act on 26.7.1988, to which he pleaded not guilty and claimed trial. After framing of the charge, the petitioner further cross-examined PW-1 Kali Ram. The complainant further examined PW-2 Dr. Om Pal and PW-3 Baldev Raj, Head Clerk.