JASMER CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) FOOD Inspector Kurukshetra took sample of milk out of 12 litres of cow's milk carried by the accused-petitioner for sale near octroi No. 5 at Babin -Shahbad Road on January 20, 1981. Public Analyst vide his report Exhibit PD found the sample deficient in milk solids not fat to the extent of 3.5% and, therefore, reported it to be adulterated. Vide his judgment dated February 3, 1984 in criminal case No. 5/3 of 1982 learned Chief Judicial Magistrate, Kurukshetra, convicted the accused-petitioner of the commission of offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced him to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 100/-. In default of payment of fine, accused-petitioner was ordered to undergo rigorous imprisonment for a further period of 2 months.

(2.) IN Criminal Appeal No. 11 of 1986, finding that the accused-petitioner had been prejudiced in his defence because the report of the Public Analyst had not been put to him in proper perspective for explanation by the learned trial Court while recording his statement under Section 313, Cr.P.C. learned lower Appellate Court remanded the case back to the learned trial Court for recording the statement of the accused-petitioner under Section 313, Cr.P.C. afresh.

(3.) IN respectful agreement with the view propounded therein the revision petition succeeds and is allowed. Impugned order of remand dated May 17, 1986 is quashed and the petitioner is acquitted. Petition allowed.