RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY a judgment dated June 13, 1983, the trial Magistrate convicted the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act') and sentenced him to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000/ -. The petitioner's appeal was dismissed by the Additional Sessions Judge, Kurukshetra, on December 14, 1983. Against the judgment of the lower appellate Court the instant revision petition has been filed.

(2.) ON January 10, 1978 the Food Inspector Moti Ram accompanied by Dr. G.L. Chawla and Om Parkash intercepted the petitioner who was carrying 5 Kgs. of cow's milk. A sample of the milk was purchased by the Food Inspector from the petitioner which on analysis by the Public Analyst, Haryana, was found to be deficient by 7 per cent in milk solids not fat to the minimum prescribed standard. On the basis of this report of the Public Analyst the petitioner was prosecuted and was convicted and sentences as mentioned above.

(3.) THE sole point raise by the petitioner's counsel is that there is violation of section 13(2) of the Act and Rule 9 -A of the Prevention of Food Adulteration Rules, 1955 (hereinafter called 'the rules'). It is contended that due to the violation of these mandatory provisions of law prejudice has been caused to the petitioner. I find that contention is not without merit.