GUGAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This revision petition has arisen out of the judgment dated 6. 4. 1994 passed by Additional Sessions judge, Rohtak dismissing the appeal of the accused-petitioner (hereinafter referred to as the petitioner) against the judgment dated 24. 12. 1991 passed by Chief Judicial magistrate, Rohtak, acquitting Tej Bhan and convicting the petitioner under Section 16 (1 ) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act' ).

(2.) THE case of the complainant is that on 16. 4. 1986, at about 9. 00 p. m. Government food Inspector intercepted the petitioner, who was carrying 20 liters of cow's milk for sale. Notice Ex PA was served upon him and 660 milliliters of milk was purchased on payment of Rs. 2. 50 vide report Ex PB. The sample so purchased was put into three dry and clean bottles and sent to the public analyst, Haryana, chandigarh, who vide his report Ex PD declared the same to be adulterated as the solids not fat were six percent deficient of the minimum prescribed standard. Consequently, complaint Ex PE was instituted.

(3.) AFTER evaluating the pre-charge evidence and finding a prima facie case against the petitioner and his co-accused (since acquitted), they were charged under Section 16 (1) (a) (i) of the Act to which they pleaded not guilty and claimed trial.