BALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) An affidavit dated August 22, 2005 has been filed by the petitioner which is taken on record.

(2.) This Criminal Revision has been filed by the petitioner against the judgment and order dated 27/11/1990 passed by the Chief Judicial Magistrate, Sonepat whereby, the petitioner was held guilty under section 16(1) of the Food Adulteration Act, 1954 (in short the Act) and was sentenced to undergo RI for a period of nine months and to pay a fine of Rs. 1000.00, in default of payment of fine to undergo further RI for three months, as well as against the judgment dated 7/3/1992 passed by the Additional Sessions Judge, Sonepat whereby the petitioner's appeal against his aforementioned conviction and sentence, was also dismissed.

(3.) Briefly, the facts are that on 9/7/1983, the petitioner was intercepted on Old DC Road, Sonepat when he was carrying 50 kgs of cow milk in three drums meant for public sale. Shri S.K. Sharma, Govt. Food Inspector along with Dr. Baldev Dutt, Deputy Chief Medical Officer and one Nand Lal had intercepted the petitioner. A sample of the milk was taken for analysis for which notice Ex. PA was issued to him. The sample was properly sealed and sent to Public Analyst, Haryana at Chandigarh for analysis. On receipt of the report of the Public Analyst, it was found that the milk fat was 20% deficient from the minimum prescribed standard. Based upon the said report, the Govt. Food Inspector filed a complaint in which the petitioner was found guilty of an offence u/s. 16(1) of the Act and was accordingly sentenced, a reference to which has already been made.