MOHAMAD ALI @ SAIF ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Mohamad Ali @ Saif Ali (petitioner herein) has been convicted by the Court of Ld. Judicial Magistrate First Class, Dasuya, under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 vide judgment dtd. 24/7/2002. Vide a Separate order of the even date, he was sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.1000.00 with default sentence of one month simple imprisonment for committing the said offence. Appeal filed by the petitioner was dismissed by the Court of ld. Additional Sessions Judge (Ad hoc), Fast Track Court, Hoshiarpur vide his judgment dtd. 8/5/2008.

(2.) Against the aforesaid conviction and sentence, petitioner has approached this Court by way of the present revision. This revision admitted on 26/5/2008, and bail was granted to the petitioner on 1/7/2008.

(3.) As per prosecution version, on 11/10/1995, Government Food Inspector Dr. Vijay Kumar accompanied by Dr. A.S. Ansal intercepted the accused and found him in possession of 150 kgs of milk contained in four aluminum drums, meant for human consumption and public sale. Samples were drawn from the said milk after making all necessary legal requirements and on analysis from the Public Analyst, Punjab, the sample was found to be adulterated, inasmuch as the milk was found to be deficient by 2% in 'milk fat' and by 21% in 'milk-solid not fat'. Legal requirements were completed and then prosecution was launched. After trial, the accused was convicted and sentenced, as per the details given earlier.