RAMA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE facts of the case are that Shri Satpal Malik, Food Inspector PW1 alongwith Dr. Harbans Lal Arora PW2 and Bhoop Singh at about 9.15 a.m. on 24.9.1981, intercepted Rama Nand petitioner near Civil Hospital, Gurgaon, Shri S.P. Malik, Food Inspector, PW1, after disclosing his identity and conveying him his intention to collect the sample of milk purchased 660 ml. of cows milk for Rs. 2/- against a receipt. The same was divided in three equal parts and put in three clean and dry bottles. The bottles were tightly stopppered, fastened and wrapped into parcels and sealed. One part of the sample was handed over to Rama Nand petitioner, the other was deposited with the health authorities and the third was sent to the Public Analyst for analysis. The Public Analyst, after analysis, found that the milk fat in the sample was 5.7 per cent in place of 8.2 per cent and the milk solids not fats were 7.5 per cent in place of 8.5 per cent. Vide his report the Public Analyst described the sample as adulterated. The result of the analysis was conveyed to the petitioner.

(2.) THE Food Inspector filed a complaint in the Court of Chief Judicial Magistrate, Gurgaon, Rama Nand petitioner was summoned by that Court after recording preliminary evidence. Shri Satpal Malik, Food Inspector PW1 and Dr. Harbans Lal Arora PW2 testified to the details of the collection of the sample from the drum carried by Ram Nand petitioner. They stated that milk was made homogeneous by stirring before the sample was separated. Bhim Sain Bali, an employee of the Chief Medical Officer, Gurgaon deposed that intimation was sent to Rama Nand petitioner about the result of the sample. Bhoop Singh was given up.

(3.) THE learned Chief Judicial Magistrate, Gurgaon, after accepting the prosecution evidence, convicted the accused under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, he has been further sentenced to undergo rigorous imprisonment for three months. Rama Nand petitioner unsuccessfully contested the order of conviction in the Court of Shri R.D. Aneja, Additional Sessions Judge, Gurgaon. The present revision petition is directed against the concurrent orders of this conviction recorded by the Subordinate Courts.