NAKAM RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-or in default of payment of fine, to further undergo rigorous imprisonment for two months by the learned Sub-Divisional Judicial Magistrate, Dabwali. On appeal, his conviction and sentence of fine was maintained but the sentence of rigorous imprisonment was reduced to six months by the learned Sessions Judge, Sirsa. He has challenged his conviction and sentence by way of this revision.

(2.) A sample of milk was taken from the shop of the petitioner by the Government Food Inspector Buta Singh and the sample was found adulterated. The defence of the petitioner was that the milk was kept by him for preparing tea. This petition is to be allowed in view of the Division Bench authority of this Court reported as State of Haryana v. Om Parkash, wherein it was held that an accused could not have been convicted if the milk stored by him was for the preparation of tea and not for sale. Ordered accordingly.

(3.) In the result the petition is allowed and the conviction and sentence as recorded by the Courts below are set aside. Fine, if paid, shah be refunded to the petitioner. Petition allowed.