TEJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has arisen out of the judgment dated 14.7.1995 passed by Additional Sessions Judge, Gurgaon dismissing the appeal of the accused-petitioner (hereinafter referred to as the petitioner) against the judgment dated 24.9.1993 passed by Chief Judicial Magistrate, Gurgaon convicting the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act').

(2.) BRIEF facts of the case are that on 28.4.1990, at about 6.20 a.m. Food Inspector H.C. Dhingra intercepted the petitioner along with 14 liter of mixed milk for sale. Out of it, 750 milliliters of milk was purchased against payment of Rs. 4.50. The sample so purchased was put in three dry and clean bottles in equal quantity after completion of required formalities i.e. labeling, putting stoppers, wrapping and sealing, etc. On analysis of the sample by Public Analyst, Haryana, Karnal, it was found adulterated. The milk fat fell below minimum specified limit of 4.5% and milk solids not fat fell below minimum specified limit of 8.5%. Consequently, complaint Ex. PF was instituted.

(3.) TO prove its case, the prosecution examined Hukam Chand Dhingra (PW-1), Vinod Girotra, SMO (PW-2) and Dr. Sultan Singh (PW-3). After tendering into evidence the report of the Public Analyst, Ex. PD and some other documents, the prosecution closed its evidence.