SARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sarjit Singh has filed this petition challenging judgment dated 17.5.2010 passed by learned Additional Sessions Judge, Gurgaon whereby his appeal against trial Court's judgment dated 6.11.2009, challenging his conviction for offence punishable under Section 16(1)(a)(i) of Food Adulteration Act 1954 (hereinafter referred to as "PFA Act"), has been dismissed.

(2.) The prosecution case, in nutshell, is that on 6.6.1999, Sh. Mahabir Singh, Government Food Inspector (hereinafter referred to as "GFI") accompanied by Dr. Vishesh Kumar, Medical Officer, General Hospital, Gurgaon intercepted the petitioner at Haily Mandi, who was found carrying 5 litres of cow milk in a drum for sale. After issuing notice in terms of Form VI, the GFI purchased 750 MLs of milk after mixing the milk. The milk, so purchased, was divided into three equal parts and poured into separate dry and clean bottles. After adding formalin as preservative in each of the bottle, the bottles were stoppered and sealed. One of the said three bottles was sent to Public Analyst for analysis and as per report(Ex.PE), the sample was found to be not conforming to the prescribed standards and was thus opined to be adulterated.

(3.) A complaint was filed by GFI against the petitioner in the Court of learned Chief Judicial Magistrate, Gurgaon for prosecuting the accused for having committed offence punishable under Section 16 of the PFA Act. To establish its case, the complainant Mahabir Singh, GFI, himself stepped into the witness box as PW-2 and also examined PW-1 Dr. Vishesh Kumar and PW-3 Dr. S.P.Singh. The learned trial Court upon appreciating the evidence on record held that the accused had committed an offence punishable under Section 16(1)(a)(i) of PFA Act and accordingly sentenced him to undergo rigorous imprisonment for 6 months and also imposed a fine of Rs. 1,000/- vide judgment dated 7.11.2009. The appeal filed by the accused challenging his conviction was also dismissed by the learned Additional Sessions Judge, Gurgaon vide impugned judgment dated 17.5.2010. Aggrieved with the same, the petititoner has filed the present revision petition.