AAKIL HUSSAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Aakil Hussain has filed the present revision petition assailing judgment dated 1.12.2010 passed by learned Additional Sessions Judge, Nuh whereby appeal filed by him against judgment dated 6.10.2009 challenging his conviction for offence under Section 7(i) punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'PFA Act') has been dismissed.

(2.) A few facts, necessary to notice for disposal of this petition, are that on 26.7.2000, Sh. Mahabir Singh, Government Food Inspector (hereinafter referred to as 'GFI') accompanied by Dr. M.S.Ranga, Medical Officer, CHC Nuh, Gurgaon inspected the dairy of accused and found him to be in possession of 170 litres of 'mixed milk', contained in a drum for public sale. After giving notice in terms of the prescribed Form VI, 750 MLs of mixed milk was purchased after mixing the milk. The milk so purchased was divided into 3 equal parts and was poured into separate bottles which were duly sealed and labeled. One of the said bottles was sent for analysis to the Public Analyst, Haryana. As per analyst's report, the milk was found to be deficient in 'milk solids not fats'. Consequently, a complaint was filed in the Court of learned Chief Judicial Magistrate, Nuh on 25.7.2009.

(3.) The prosecution in order to establish charges against the accused examined PW-1 Mahabir Singh, GFI, PW-2 Dr. M.S.Ranga and PW-3 Dr. S.P.Singh. Upon conclusion of prosecution evidence statement of accused was recorded in terms of Section 313 Cr.P.C. wherein he denied the prosecution case and pleaded false implication. The accused examined DW-1 Gurmail Singh and DW-2 Rukmuddin in his defence. The accused also moved an application under Section 315 Cr.P.C. seeking permission to step into witness box in his defence which was allowed and his statement was recorded.