UGGAR SEIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by Judicial Magistrate Ist Class, Ambala Cantt 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 ordered to undergo Rigorous Imprisonment for one month. The appeal of the petitioner was dismissed on 10-3-1986 by the Sessions Judge, Ambala. Hence this criminal revision.

(2.) BRIEFLY , the facts of the case are as follows :- On 23-6-1981, Sh. Natha Singh, Food Inspector was present near Octroi Post Arya Nagar, Ambala Cantt. alongwith Dr. H.R. Goshal. The petitioner came on a bicycle carrying 15 litres of milk in a drum and he was stopped. The Food Inspector disclosed his identity and thereafter served notice Ex. PA upon him and then he purchased 660 mililitres of milk for analysis on payment of Rs. 2/- and issued receipt Ex. P.B. The milk so purchased was divided into three equal parts and put in three dry and clean bottles. 18 drops of formalize were added as a presentative in each of the said bottles. The bottles where then labelled corked and wrapped in a brown paper. The paper slip issued by the local Health Authority was fixed on each bottle. The bottles were then again tied with a strong thread and were sealed with the seals of the Food Inspector and Doctor. The thumb impressions of the petitioners were obtained in such a manner that they partly appeared on the wrapper and partly on the paper slip. Spot memo Ex. PC was prepared which was thumb marked by the petitioner and attested by the Doctor and Mohinder Singh another witness who remained associated during the taking of the sample. One such sealed bottle was sent to the Public Analyst along with a copy of the memo in form VII. A copy of memo in form VII was sent to the Public Analyst. The remaining two bottles were deposited with the Local Health Authority. The report of the Public Analyst Ex. P.D. was received declaring the sample as adulterated i.e. milk fat 27.5% deficient and milk solids not fat 46% deficient of the minimum prescribed standard. Thereafter complaint Ex. P.E. was filed against the petitioner. The petitioner was informed about the launching of the proceedings against him through letter Ex. PF. A copy of the report of the Public Analyst was also sent alongwith the letter PF. The registered letter was received back undelivered and the local Health Authority gave intimation to the Food Inspector to this effect vide letter Ex. PG.

(3.) THE petitioner was given the right to recross examine PW-1 Shri Natha Singh, Food Inspector and Sh. Natha Singh was cross-examined. Thereafter, Dr. H.R. Goshal, PW-2 appeared and supported the version of the Food Inspector. Ex. PX was tendered in evidence.