NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Naresh Kumar has filed this revision petition challenging judgment dated 25.8.2010 passed by learned Sessions Judge, Gurgaon whereby his appeal against judgment dated 19.3.2010 of learned Chief Judicial Magistrate, Gurgaon convicting him for offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'PFA Act'), has been dismissed.

(2.) Briefly stated, the case of the prosecution is that on 29.3.1999, Government Food Inspector Mahabir Singh alongwith Dr. Prem Kumar inspected premises of Ms. Aggarwal Paneer Bhandar situated in Anaj Mandi, Gurgaon who was found in possession of 4 kg of 'khoya' for sale. After issuing a notice in writing in the shape of prescribed Form VI, 600 grams of 'khoya' was purchased after mixing the same. The 'khoya' so purchased was divided into three equal parts and was put into separate dry clean bottles. Formalin was added as preservative in each of the bottles. One of the said bottles was sent for chemical analysis to Public Analyst, Haryana, Chandigarh. As per report of the Public Analyst, the sample did not conform to the standards prescribed for 'khoya' as milk fat was found to be below the minimum specified limit of 20% and was thus opined to be adulterated. The Food Inspector, consequently, filed a complaint in the Court of learned Chief Judicial Magistrate, Gurgaon, alleging therein that the accused had committed offence under Section 7 punishable under Section 16 of the PFA Act.

(3.) After recording pre-charge evidence, charges were framed against the accused for offence punishable under Section 16(1)(a)(i) of the PFA Act on 18.1.2007 to which the accused pleaded not guilty and claimed trial.