RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition by Ramesh Kumar son of Jai Bhagan directed against the judgment passed by the learned Additional Sessions Judge, Kurukshetra dated 30.1.1995. By virtue of impugned judgment the learned Court had remanded the case to the Court of Chief Judicial Magistrate, Kurukshetra for proceeding in accordnace with law.

(2.) THE relevant facts are that on 24.1.1985 Kali Ram, Food Inspector took sample of milk out of 180 Kgs. of milk. It is alleged to have been kept for public sale in a big drum. The sample was sent to the Public Analyst. He found that fat contents were 5.7% against 4% and solid not fat were 8% against 8.5.%. Complaint was filed in the Court. Notice was served on the accused-petitioner. During trial 3 witnesses were examined and after the statement of the accused was recorded and considering the defence, learned Chief Judicial Magistrate, Kurukshetra pronounced the judgment. He held the petitioner guilty of commission of offence under Section 16(1)(a)(i) of Food Adulteration Act, 1954. He was sentenced to undergo RI for nine months and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was to undergo further simple imprisonment for two months.

(3.) AGGRIEVED by the said judgment, the present petition has been filed.