GOPI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) GOPI Ram son of Hari Chand, a milk vendor was convicted by the Chief Judicial Magistrate, Faridabad, under section 16 (1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and was sentenced to one year's Rigorous Imprisonment and a fine of Rs. 1,000/- in default to undergo further Rigorous Imprisonment for three months. The appeal filed by him against his aforesaid conviction and sentence was dismissed by the Additional Sessions Judge, Faridabad. The present Revision Petition has been filed by the petitioner, with a view to impugn the verdict of these Courts.

(2.) THE prosecution case is that on November 21, 1978, Dr. S.P. Tyagi (PW2) along with Raj Kumar, Food Inspector (PW3) and Jagan Nath Rakeja (PW1), intercepted the petitioner who was carrying a drum containing milk. After the usual formalities, a sample of the milk was obtained in three parts, which were duly sealed. One part of the sample was sent for analysis, while the remaining two parts were handed over to the Local Health Authority, as required under the Rules. The subsequent analysis of the sample by the Public Analyst, Haryana, revealed that the milk was sub-standard in regard to milk facts as well as milk solids not fats. The petitioner was then prosecuted, with the result already indicated.

(3.) THE petitioner was served on March 21, 1979 for appearance in Court, i.e. exactly four months after the date on which the sample was taken. In the wake of the above finding, it is only after March 21, 1979 that the petitioner could be expected to apply to the Court for sending the second sample for the reanalysis. A period of four months having already elapsed, the sample of milk could not have remained fit for analysis. The learned counsel has placed reliance upon the observations of their Lordships of the Supreme Court in Municipal Corporation of Delhi v. Ghisa Ram AIR 1967 SC 970, as followed by this Court in Resham Singh v. The State of Punjab, 1972 PLR 802, that even if a preservative is added in the sample of milk at room temperature, the percentage of fat and nonfatty solids contents for purposes of analysis will be retained only for about four months. This period having already elapsed it has been rightly argued that the petitioner was deprived of his valuable right causing him serious prejudice.