SHIV RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is aggrieved by the judgment dated 13.9.2001 passed by the Additional Sessions Judge, Karnal, by which the conviction and sentence recorded against him by the Chief Judicial Magistrate, Karnal, on 9.4.1999 was upheld and the appeal dismissed.

(2.) SHIV Ram Petitioner was charged under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") after receipt of the report of the Public Analyst, Haryana, in relation to the samples taken from the 30 litres of cow's milk, which he was carrying for public sale in two cans on 11.6.1988. The samples were taken by Shri S.L.Anand, Government Food Inspector, Karnal, when he intercepted Shiv Ram at Kunjpura Road, Karnal in the presence of Dr. B.S.Chaudhary. Before taking the sample, the Food Inspector had after stirring and mixing the contents of the can properly so as to ensure that the contents of the can had been made uniform for analysis, purchased 660 M.L. of cow's milk for Rs.3/ - vide receipt Ex.PB. According to the report of the Public Analyst, Haryana, the same had been found adulterated as the percentage of milk solids not fat were found to be 7 percent deficient of the minimum prescribed standard and, consequently, the complaint Ex. PE was filed before the Chief Judicial Magistrate, Karnal.

(3.) AFTER framing of the charge, the prosecution had examined S.L.Anand PW1, Baldev Raj PW2 and Dr. B.S.Chaudhary PW3 and when the incriminating circumstances were put to the petitioner under Section 313 of the Code of Criminal Procedure, he denied all the circumstances and asserted that he was innocent but in defence did not lead any evidence.