MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANOHAR Lal petitioner was convicted under section 16(1)(a)(i) read section 7 of the prevention of Food Adulteration Act (for short, the Act) by Judicial Magistrate, Sangrur and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1500/-, is default of payment of fine further rigorous imprisonment for six months was also awarded. Aggrieved by his conviction and sentence, the convict filed an appeal which was heard by the Additional Sessions Judge, Sangrur. He maintained his conviction, but reduced his sentence of imprisonment from one year to six months. The sentence of fine was maintained. The appeal was disposed of accordingly. Still not feeling satisfied, the convict has filed this revision petition.

(2.) THE prosecution case in brief is that on July 31, 1981, PW 1 Nek Chand Goyal, Government Food Inspector, inspected the dairy of the petitioner at Sangrur. He was found in possession of 6 Kgs. of skimmed milk for sale for human consumption. After observing the usual formalities prescribed under the Act and the rules framed thereunder, the Food Inspector purchased 660 Mls. of skimmed milk against payment of 80 paise. Before purchasing the sample he had stared the milk contained in the Balti. He divided the milk so purchased into three equal parts and put each part into a separate dry and clean bottle. 18 drops of formalin were added to each bottle as preservative. The bottles were then properly labelled, stoppered, fastened and wrapped as required under the rules. One sample of bottle was sent to the Public Analyst for analysis. The Public Analyst, vide report Exhibit PD. opined that the sample was deficient in milk solids-not fat by 6 per cent of the minimum prescribed standard. On receipt of the report of the Public Analyst the Government Food Inspector filed a complaint Exhibit in Court for the prosecution of the petitioner.

(3.) THE prosecution story has been supported by PW 1 Nek Chand Goyal, Government Food Inspector and PW 3 Dr. Vinod Kumar who had been associated in the proceedings about the taking of sample.