JAGDISH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By virtue of this revision petition, the petitioner has challenged the judgment dated 2.8.2005 passed by learned Sessions Judge, Kaithal whereby the judgment of conviction dated 26.3.2001 and order of sentence dated 27.3.2001 passed by learned Chief Judicial Magistrate, Kaithal in complaint under Sec. 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') was affirmed. The petitioner was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2000.00 and in default of payment of fine to further undergo simple imprisonment for one month.

(2.) The facts in brief are that on 27.11.1991 at about 9.00 AM, the petitioner was intercepted by J.S. Chauhan, Govt. Food Inspector, who was accompanied by Dr.J.P. Sharma and they found him in possession of 60 liters cow milk for public sale. After purchasing 750 Mls milk for Rs.4.20 paise, it was put in three bottles in equal quantity. Thereafter, the bottles were sealed as per rules and one sample was sent for analysis at Chemical Analyst Chandigarh and remaining two were deposited with the Local Health Authority.

(3.) After receipt of the report of Analyst, according to which the milk was found to be adulterated, the petitioner was charged under Section 7/16 of the Act, to which he pleaded not guilty and claimed trial. To substantiate its case, the prosecution examined three witnesses in all. Thereafter, statement of petitioner under Sec. 313 of the Code of Criminal Procedure was recorded wherein he pleaded his false implication.