RAM LAKHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this criminal revision, Ram Lakh petitioner assails his conviction under Section 16(1)(a)(i), read with Section 7 of the Prevention of Food Adulteration Act. The learned Sub -Divisional Judicial Magistrate, Dabwali, vide his order dated October 9, 1982, sentenced him to one year rigorous imprisonment and a fine of Rs. 1,000/ -. On appeal, the learned Sessions Judge, Sirsa, upheld his conviction and sentence. He has now come up in the revisions.

(2.) THE broad outline of the prosecution case is that of 24th January, 1980, Boota Singh, Food Inspector and Dr. S.S. Gulati were present near Civil Hospital, Debwali. They found the petitioner in possession of about 10 kgs. of unindicate milk contained in a drum for sale. Shiv Kumar PW was also associated by the Food Inspector and thereafter the latter after disclosing his identity purchased 660 mls. of milk from the petitioner for analysis on payment of Rs. 1.50. The sample sent to the Public Analyst was found to be adulterated as it was found to contain milk -fat 09% and milk -solids not 99%.

(3.) THE case against the petitioner rests primarily on the unimpeachable testimony of Boota Singh PW1 and Dr. S.S. Gulati PW2. The accused -petitioner denied the prosecution allegation and pleaded false complicity in the case. Nira Dass was examined in defence.