TEK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petitioner Tek Chand was prosecuted in the court of sub Divisional Judicial Magistrate Palwal, for being in possession of 35 kgs of milk meant for public sale. He was apprehended at the bye - pass of Palwal town on 2nd December, 1978 at 8 A.M. by P.W.1.I.B.C. Verma, Government food Inspector. The petitioner was not found in possession of licence as required under rule 50 of the Prevention of Food Adulteration Act. That rule says that no person shall manufacture, sell or stock, distribute or exhibit or sale any of the articles mentioned in that rule except under licence. One of the articles mentioned is milk of all classes and designation. To support the prosecution version P.W.1.B.C. Verma and his peon P.W. 2 Arjan Dev appeared in the witness box.

(2.) AT the close of the prosecution evidence the petitioner was examined under section 313 of the Code of Criminal Procedure. He pleaded that he did not use to sell any milk in Palwal and that he used to sell milk in Faridabad for which he had a licence. According to him, he was arrested at the Railway Station, which was outside the limits of Municipal Committee, Palwal. In his defence the petitioner produced Exhibit D. 1 which is a receipt issued by the Faridabad Complex about the deposit of licence fee by him for the years 1977-78 and 1978-79. This receipt is dated 30th May, 1978. He also produced Exhibit D. 2 which is copy of the form which is issued by the Government Food Inspector, Faridabad. This document shows that on 30th January, 1980 sample of milk was taken by the Food Inspector from Kishan Lal who was described as a servant while the petitioner was described as owner of the milk.

(3.) THE petitioner filed an appeal which was heard by learned Additional Sessions Judge, Faridabad. The said Court did not find any merit in the appeal and dismissed the same.