SHEO RAM Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) SHEO Ram revision petitioner was tried and convicted for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by Judicial Magistrate, Ist Class, Jagadhari vide judgment dated 2.9.1986 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. He was to further undergo rigorous imprisonment for three months, in case of default in payment of fine. Against this judgment recording his conviction Sheo Ram preferred an appeal which was partly accepted and sentence of imprisonment awarded to him was reduced to a period of six months by the learned Sessions Judge, Ambala. Sheo Ram has now filed the present revision petition assailing his conviction.

(2.) THE brief facts of the case are that on 30.5.1978 Government Food Inspector Harbhajan Singh accompanied by Dr. Manmohan Nagpal and Narinder Kumar PW was present near I.T.I. workshop Road, Yamuna Nagar when he intercepted the petitioner at about 9.30 P.M. who was carrying three drums containing about 40 kilograms of cows milk for sale on a cycle. After disclosing his identity the Food Inspector purchased 660 mili-litres of cows milk for analysis. The sample so purchased was divided into three equal parts and was put into three dry and clean bottles. The bottles were sealed as per rules. One sealed bottle was sent to the Public Analyst who reported that the sample was adulterated as it was deficient in milk fat to the extent of 37.5% and milk solids not fat 15% of the minimum prescribed standard.

(3.) I have heard the counsel for the parties and have perused the record.