LAWS(P&H)-2008-2-102

KRISHAN KUMAR Vs. STATE OF HARYANA

Decided On February 25, 2008
KRISHAN KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE present revision petition has been filed by Krishan Kumar son of Harsukh, resident of Geeta Colony, Kaimri Road, Hisar assailing his conviction and sentence by the Court of Additional Chief Judicial Magistrate, Hisar, which has been affirmed in appeal by the Court of Additional Sessions Judge, Hisar.

(2.) ON a complaint filed by Mr. Teja Singh, Govt. Food Inspector, the petitioner was prosecuted for keeping in his possession adulterated cow milk for public sale. He was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months by the Court of Additional Chief Judicial Magistrate, Hisar. The sentence was upheld by the Additional Sessions Judge, Hisar.

(3.) BEFORE the Courts below, two arguments were raised. Firstly, Mr. P.K. Nayar, Public Analyst was not duly appointed as a Public Analyst and was not competent to analyse the milk. Secondly, being the marginal deficiency, the report of the Public Analyst should be ignored.