ISHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision by Isham Singh petitioner is directed against judgment and order dated 12.11.1992 and 13.11.1992 passed by Chief Judicial Magistrate, Kurukshetra, whereby he was convicted under section 7 read with section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (for short 'the Act') and sentenced to undergo RI for a period of six months and to pay a fine of Rs 1000/- and in default of payment of fine to further undergo simple imprisonment for three months and judgment of the learned Additional Sessions Judge, Kurukshetra dated 10.2.1994 affirming the aforesaid judgment and order of learned trial Magistrate.

(2.) IN nutshell, the facts culminating to the commencement of this revision may be recapitulated thus :-

(3.) LEARNED counsel for the petitioner has now put forth his two fold arguments. At the first place, he submits that in the case in hand the milk was not properly stirred at the time of taking the samples, which is the main cause for deficiency of solids not fat to the extent of 3.5% in the sample of cow milk. No plausible explanation has been forwarded by the Food Inspector to show as to how only the milk solids not fat were lesser than the prescribed standards, because if any adulterant substance is added, then certainly the milk fat will also come down, but there is no such allegation, as the milk fat found in the sample as 7.3% against the prescribed standards of 3.5% or 4%. So it clearly proves that the milk fat is much more than the prescribed standards, impliedly showing that there is no addition of water or any other thing, as with the adding of water or anything in the milk, the milk fat will naturally come down. In this case, there is no such allegation. The net result is that the sample was not properly stirred and moreover, nothing has been mentioned in the complaint, as to how the milk was stirred by the Food Inspector. In the Form Ex. PA, it is not mentioned that the whole contents of the drum were mixed, made homogenous with a long rod before taking the sample. So for that reason, the sample is not to be considered as adulterated.