PARHLAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner herein has challenged his conviction and sentence imposed upon him by the trial court under Section 16 (1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954. In default of payment of fine, he was awarded 2 months, rigorous imprisonment. Appeal against his conviction and sentence was declined by the Additional Sessions Judge vide his judgment dated 6.11.1987.

(2.) THE facts leading to the conviction are that on 21.3.1986, at about 10.30 a.m., Shri A.N. Sharma, Government Food Inspector raided the premises of the petitioner at Jullana 10 litres of cow's milk was found in a vessel. The Govt. Food Inspector gave notice Ex. PA and thereafter purchased 560 ml. of that milk after properly mixing the whole and making it uniform for analysis. An amount of Rs. 2/- was paid vide receipt Ex. PB. The sample was divided in 3 equal parts. Each part was bottled in dried, clean and empty bottle. Two drops of 40% formalin, per 25 ml. were added as preservative in each of the bottles. The bottles were duly stoppered and sealed on the neck with the seal of the Medical Officer who was accompanying the Govt. Food Inspector. The ends of the papers were pasted with gum. A paper slip bearing Code No. JD Dy(H) FI-I-292 and signature of local Health Authority. Jind was pasted on each bottle from top to bottom. Each bottle was secured by means of a strong twine and sealed with the seal of the Medical Officer and the Food Inspector at the spot, signatures of the petitioner were also obtained in a manner that both the paper slips and the wrapper of each bottle carried a part of his signatures. One sealed bottle, along-with memorandum in form VII was sent to the Public Analyst, Haryana, Chandigarh for analysis through Railway parcel. The other two sealed bottles of sample, along-with 2 copies of memo in form VI were deposited with the local Health Authority, Jind. A copy of the memorandum and specimen of seal were sent to the Public Analyst separately by registered post. Report Ex. PD of the Public Analyst indicated milk solids not fat to be 7% deficient of the minimum prescribed standard.

(3.) IT may be mentioned that at the instance of the petitioner, second sample bottle was sent to the Director, Central Food Laboratory and certificate Ex. PH was obtained. This certificate indicated milk solids not fat was below the minimum specified limit of 8.5%.