DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Dalbir Singh stands convicted under Sec. 7 read with Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short - the Act) and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/ -and in default of payment of fine, to further undergo rigorous imprisonment for one month, vide judgment and order dated 22.09.2004 of learned Sub Divisional Judicial Magistrate, Dasuya, as affirmed in appeal vide judgment dated 13.07.2007 of learned Additional Sessions Judge, Hoshiarpur. Feeling still aggrieved, the petitioner has filed the instant revision petition.

(2.) Sample of milk was purchased from the petitioner by the Government Food Inspector and the said sample was found to be adulterated on analysis by Public Analyst as there was deficiency of 25% milk fat and 21% milk solids not fat.

(3.) Learned Counsel for the petitioner contended that in the documents, prepared by the Government Food Inspector at the spot, it was not mentioned that the sample was of buffalo milk. The argument cannot be accepted because 'milk' without any prefix, is presumed to be of buffalo. In the instant case, the petitioner had not written on the containers of the milk that it was cow milk and therefore, it had to be presumed to be milk of buffalo.