KEWAL KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted by Sh. Hardial Singh, Additional Chief Judicial Magistrate, Bhatinda under Section 16 (1)(a)(i), read With section 7 of the Prevention of Food Adulteration Act, and sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000/-, or indefault of payment of fine, further rigorous imprisonment for four months, vide order dated 21st November, 1984. His appeal against the conviction and sentence was dismissed by Additional Sessions Judge, Bathinda on 8th April, 1985. Feeling aggrieved, he has filed this revision.

(2.) THE prosecution case is that on 31st August, 1982. Kishan Chand, Food Inspector, along with Dr. Sita Ram, Medical Officer Health, was present at Mall Road, Bathinda. The petitioner came on a bicycle,. carrying two drums of milk, containing about 30 kgs. of cow milk each. The Food Inspector disclosed his identity, served a notice on him and took a sample of milk. The report of the Public Analyst established that the contents of the sample were deficient in milk-solid not fat than the minimum prescribed standard. The petitioner was challaned, tried and convicted and sentenced, as mentioned in the earlier part of this judgment.

(3.) THE learned counsel for the petitioner has cited a number of judgments of this Court wherein it has been held that the non-mentioning of stirring the milk in the complaint is a circumstance which goes against the prosecution, as the statement of the Food Inspector that he did stir amounts to an improvement.