DAWASGIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 27-6-1985 the Government Food Inspector Shri Megh Nath Gupta inter cepted the petitioner, at Gurthali road, opposite General Hospital, Narwana while he was in possession of about 20 kilograms of cows milk for public sale contained in two drums and was going on a cycle, in the presence of Dr. Naveen Sabarwal, Medical Officer and one Kitab Singh. The Food Inspector disclosed his identity and purchased 660 mili-liters of milk as sample for analysis, after making the contents of the drum homogeneous by stirring. The milk so purchased was divided into three equal parts and was put into three dry and clean bottles. The bottles were duly sealed after preservative was added. Two sample bottles were sent to Local Health Author ity, Narwana and the third was sent to the Public Analyst, Haryana, Chandigarh, for analysis. The Public Analyst after analysing the contents of the sample found that it was adultered being defi cient in milk fat at 5% and milk solids not fat by 35% of the minimum prescribed standard. Copy of the report was served on the petitioner and a complaint was filed for his prosecution.

(2.) The petitioner was tried for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. The prosecution examined the Government Food In spector as PW 1, Dr. Naveen Sabarwal PW 2 and Bahadur Singh Clerk, Local Health Authority Narwana PW 3.

(3.) In his statement under Section 313 Cr. P.C. the contention of the petitioner was that he did not sell milk and he was falsely involved in the case. On the day when he was intercepted he was carrying only 4-5 kilograms of milk for one Partap Chand which he had brought from Jeevan, a resident of village Dallo. In his defence he examined Jeevan as DW 1 who deposed that the petitioner was a labourer and was not a milk seller. He was carrying milk for Partap Chand, resident of Narwana which was supplied by him.