MOHINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this criminal revision Mohinder Kumar petitioner assails his conviction under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short the Act). The learned Judicial Magistrate 1st Class, Sangrur, vide his order dated June 11, 1982, sentenced him to rigorous imprisonment for one year and a fine of Rs. 1,500/ -. On appeal, the learned Additional Sessions Judge, Sangrur, upheld his conviction but while maintaining his sentence of fine, reduced his sentence of imprisonment to six months.

(2.) THE broad outline of the prosecution case is that on May 21, 1981, Dr. M.K. Bhalla, the Government Food Inspector accompanied by Dr. Ram Kumar and some other officials of the Local Health Department, Sangrur, were present near the Gugga Mari, Sangrur, when the petitioner came there carrying 20 kgs. of cow's milk in a dholi for sale. The Food Inspector, after completing the necessary formalities, purchased 660 mls. of cow's milk from the petitioner for analysis. The sample sent to the Public Analyst was found to be adulterated as the milk fat was found to be 4% whereas the milk solids not fat were found to be 6.3%.

(3.) THE case against the petitioner rests upon the unimpeachable testimony of the Food Inspector M.K. Bhalla and Dr. Ram Kumar. The accused -petitioner denied the prosecution allegations and pleaded that the milk was not for sale and examined 2 witnesses to substantiate his defence version.