SAWARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-accused is assailing his conviction under Section 16 of the Prevention of Food Adulteration Act, 1954, whereby he is sentenced to undergo rigorous imprisonment for six months along with a fine of Rs. 1,000/- in default of payment of fine, to undergo further rigorous imprisonment for one month, which is affirmed by the lower appellate Court.

(2.) Briefly stated, the facts are that complainant J.S. Chauhan, Government Food Inspector, intercepted the accused on April 26, 1988, near Bus Stand Shahabad, Tehsil Thanesar, District Kurukshetra. Accused was carrying 65 litres of cow's milk in three drums for sale. The complainant purchased 750 MLs milk from one of these drums after paying its price. He divided the sample in three equal parts as per the rules. One such sample was sent to the Public Analysit for analysis , who found that the sample contained 5.7% milk fat and 7.8% milk solids not fat, though as per Rule A-11.01.11 of Appendix 'B' of the Prevention of Food Adulteration Rules, 1955, the standard of milk fat and milk solids not fat has been prescribed as 4.0 and 8.5 per cent respectively. Thus, the milk was found deficient in milk-solids-not fat to the extent of . 7 per cent. On these facts the complaint was lodged against the accused.

(3.) On the request of the accused, second sample was sent to the Director, Central Food Laboratory, Mysore, for analysis. As per report of the said Laboratory, sample contained 5.4 per cent milk fat and 8.2 per cent milk-solids-not fat.