LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) REVISION -petitioner Labh Singh son of Seminder Singh who faced trial before the Judicial Magistrate 1st Class, Ambala Cantonment under Section 16(1)(a)(i) of the Preventioin of Food Adulteration Act 1954 for having been in possession of 15 kgs. of adulterated cow's milk for sale, was accordingly convicted and sentenced to Rigorous Imprisonment for six months, to pay fine of Rs. 1,000/ - and in default to undergo Rigorous Imprisonment for one month.

(2.) AGGRIEVED by the same, the petitioner Labh Singh filed Criminal Appeal No. 17 dated 11.7.1986/3.6.1986 and the Additional Sessions Judge, Ambala, after hearing the parties dismissed the appeal. That is why the petitioner has filed this criminal revision.

(3.) THE case of the prosecution is as follows : On 16.11.1978, Food Inspector C.L. Grover along with Dr. K.B. Bhasin was present near the Civil Hospital Ambala Cantonment and intercepted the petitioner -herein who was carrying about 15 kgs. of cow's milk. After issuing notice to the accused (Ex.PA) for taking sample for analysis, the Food Inspector, punccased 660 ml of milk under receipt Ex.PB. The receipt and the notice were thumb -marked by the petitioner/accused. Then the sample was put into three dry and clean bottles in equal parts and 18 drops of formaline were added to each bottle as preservative. Then the bottles were sealed after taking the usual precautions. A paper slip was also pasted around the bottle on which also the thumb -impression of the petitioner/accused was obtained. One of the sealed bottles was sent to the Public Analyst, at Chandigarh, and the report (Ex.PD) received, showed that the milk fat was 98.7% deficient of the minimum prescribed standard. Thereafter the complaint Ex.PE was filed before the Judicial Magistrate Ist Class, Ambala.