DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEEPAK Kumar petitioner was tried for an offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by Chief Judicial Magistrate, Ambala City. He was found guilty and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. In default of payment of fine he was to further undergo rigorous imprisonment for one month. Aggrieved by this judgment dated 17.5.86 Deepak Kumar preferred an appeal which was dismissed by the learned Sessions Judge, Ambala. He has filed the present revision petition assailing his conviction and sentence

(2.) THE brief facts of the case are that on 3 3.82 Shri C. L. Grover, Government Food Inspector, accompanied by Dr. H. R. Goshal, inspected the premises of the petitioner known as Gopi Sweet House, Ambala City, and found him in possession of five kilograms of 'paneer' which was for public sale. After serving notice as required under the Act the Food Inspector purchased 600 grams of paneer for analysis. The paneer so purchased was divided into three equal parts and was sealed into three dry and clean bottles as per rules. One sealed bottle was sent to the Public Analyst Haryana, Chandigarh, through Ishar Dass peon and the other two bottles were deposited with. the Local Health Authority. The Public Analyst reported that the sample was. adulterated as it contained milk fat on dry weight basis 46.3% against the minimum prescribed standard of 50%. Prosecution was then launched which. ended in conviction of the petitioner as referred above.

(3.) I have heard Mr. H. S. Gill, Senior Advocate, the learned counsel for the petitioner and Mr S. S. Gill, Assistant Advocate General Haryana, for the respondent and have. perused the record.