DES RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) DES Raj petitioner was convicted under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act (for short, the Act) and sentenced to nine months rigorous imprisonment and a fine of Rs. 1000/ - by the Additional Chief Judicial Magistrate Karnal, on April 30, 1984. On appeal, the learned Additional Sessions Judge, Karnal, in an exhaustive and lucid judgment had adverted to every contention raised on behalf of the petitioner and repelled the same and maintained the conviction and sentence. He has now come up by way of revision.

(2.) THE prosecution case in a very narrow compass. On April 21, 1982, S.L. Chopra, Government Food Inspector intercepted the petitioner who was then carrying 30 Kgs. of mixed milk for sale in a drum. He purchased 660 ml of milk from the petitioner in the presence of Dr. J.S. Sohi, Deputy C.M.O., Karnal. After completing the formalities, the sample which was sent to the Public Analyst was found to be adulterated as the milk fat was found deficient by 56%. On a complaint by the Food Inspector, the petitioner was convicted and sentenced as indicated above. The prosecution case primarily rested on the evidence of Food Inspector and Dr. J.S. Sohi. The petitioner denied the prosecution allegations and pleaded that the milk was not meant for sale and that he collected it from several houses in the village for the marriage of the daughter of his uncle. He examined Chanda Singh in defence.

(3.) THE identical contentions were raised before the appellate Court and the same have been so adequately and lucidly met by the Additional Sessions Judge in paragraphs 10 to 12 of the judgment that it would be obviously wasteful and repetitive to cover the same grounds over again. Affirming the view of the learned Additional Sessions Judge ad agreeing with the findings on the points raised by the learned counsel for the petitioner, I would reject the submissions made by him.