JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT revision petitioner is filed by Jai Bhagwan son of Fateh Singh, resident of village Ahmedpur Majra, district Sonepat. Petitioner was convicted by the Court of Sub Divisional Judicial Magistrate, Gohana under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to one year and also to pay a fine of Rs. 1000/ -. He filed an appeal. The same was dismissed by the Court of Additional Sessions Judge, Sonepat.

(2.) BRIEFLY stated, on 23rd October, 1987, Food Inspector Chand Ram intercepted petitioner in Anaj Mandi, Gohana along with Dr.K.R. Rathi and Satish Kumar son of Hari Chand. Petitioner was found in possession of 15 kg cow milk. 750 ml of cow milk was purchased. Same was taken vide recovery memo, and the samples were drawn at the spot. Samples were sent to the Public Analyst, who opined that that milk fat was 3.3 per cent and the milk solid not fat was 8.9 per cent and thus, milk fat was deficient by 17.5 per cent. Food Inspector, Chand Ram appeared as PW -1. Dr.K.R. Rathi appeared as PW -3.

(3.) MR .Hari Om Sharma appearing for the petitioner has stated that since both the courts below have found that the sample was drawn and made homogeneous, he will not be able to contest the findings of the fact recorded by the Courts below and therefore, will not contest the conviction and confine his prayer for grant of probation to the petitioner under Probation of Offenders Act, as in the present case, occurrence pertains to 23rd October, 1987 and more than 20 years have elapsed. Mr.Sharma has relied upon the judgment rendered by this Court in