SOHAL LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SOHAN Lal son of Des Raj was intercepted on 14th March, 1990 at 11. 30 a. m. by Govt. Food Inspector, Teja Singh along with Dr. S. P. Mimani and he was found in possession of 20 kgs of cow's milk. Food Inspector purchased 750 ml of milk on payment of Rs. 3 and after following the necessary formalities, prepared the samples in consonance with the provisions of the Food Adulteration act (hereinafter referred to as the Act ). The sample was sent to the Public Analyst. As per the report of the Public Analyst, sample contained 0. 2 per cent of milk fat against minimum specified limit of 4 per cent. Notice under Section 13 (2) of the Act was served upon the accused calling upon him to exercise his right for sending the second sample.

(2.) THE Court found that it is not a fit case for summary trial and ordered trial of the petitioner as a warrant case. Prosecution examined Food Inspector Teja Singh as pw1, Dr. S. P. Mimani as PW2 and Dr. Mohar Singh as PW3. Thereafter, all the incriminating evidence was put to the accused and a statement of the accused was recorded under Section 313 Cr. P. C. and he took a plea that he Was carrying sapreta milk for marriage of his son Fateh Chand. But trial Court, after going into various arguments raised, convicted the petitioner under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs. 2,000. In default of payment of fine, to undergo simple imprisonment for six months.

(3.) AGGRIEVED against the same, petitioner filed appeal. The learned Additional Sessions Judge, hisar upheld the conviction but reduced the sentence from two years to one year.