SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 7.7.2010 at about 9.40 a.m., the petitioner was found to carry 30 Litres of mixed milk in aluminium drums meant for sale for human consumption. After necessary formalities, including petitioners consent, 1500 milliliters of mixed milk was purchased by the complainant (a Food Inspector) after making the contents of the drums homogeneous by stirring the milk clockwise and anti -clockwise, up and down: As per Public Analyst report, contents of the sample were found "to contain 4.1% milk fat and 8.0% milk solids not fat against the minimum prescribed standard of 4.5% and 8.5%, respectively. The contents were thus stated to have been adulterated" and the petitioner, thus, was found to have committed an offence punishable under Section 16 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act'). Accordingly, a complaint was filed before the Court of learned Chief Judicial Magistrate, Fatehgarh Sahib (hereinafter referred to as 'the trial Court'). Having found a prima facie case triable under Section 16 of the Act to be made out, the trial Court served upon the petitioner a notice of accusation to which the petitioner pleaded not guilty and claimed trial.

(2.) DURING the course of trial, prosecution examined Dr. Jagpal Singh as P.W. 1, Shiv Kumar as PW2, Dr. Jaswant Singh (Complainant) as PW3 and Gurnam Singh as PW4.

(3.) ON hearing the prosecutor and the defence and on appraisal of evidence available on record, the trial Court came to a definite conclusion that the prosecution was able to prove to the hilt, commission of an offence punishable under Section 16 of the Act by the petitioner and, accordingly, vide judgment of conviction and order of sentence dated 27.9.2013, convicted and sentenced the petitioner to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000 and in default of payment of fine to undergo further imprisonment for a period of 15 days.