SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this criminal revision Sher Singh petitioner assails his conviction under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 (for short, the Act). The learned Additional Chief Judicial Magistrate, Patiala, sentenced him to 6 months rigorous imprisonment and a fine of Rs. 2000/-, or in default, to further undergo rigorous imprisonment for 6 months. On appeal, the learned Additional Sessions Judge, Patiala, not only upheld his conviction but confirmed his sentence. The broad outline of the prosecution is that on September 30, 1977, at about 6.30 a.m., Dr. Bhagat Ram, Food Inspector, alongwith Dr. R.K. Sharma and Durga Dass was present on the Patiala-Sanaur road in connection with seizing samples of food articles. They intercepted Sher Singh petitioner, who was found carrying 2 drums containing 40 Lts. of cows' milk for sale. He was carrying those drums on his cycle. The Food Inspector disclosed his identity to the petitioner and demanded sample of cows' milk from him for analysis. Instead of selling milk to the Inspector, the petitioner suddenly rode his cycle towards Sanaur side and emptied both the drums of milk in the nearby pond. Thus he prevented the Food Inspector from taking sample of the milk possessed by him for analysis.

(2.) THE prosecution examined Dr. Bhagat Ram and Dr. R.K. Sharma in support of its case: The petitioner denied the prosecution allegations and pleaded false complicity in the case but led no evidence in defence.

(3.) THE above observations clearly apply to the present case, I, therefore, maintain the conviction of the petitioner.