KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 29.8.82 at about 9 a.m. Shri Kali Ram, Govt Food Inspector vested with the powers of Food Inspector under the Prevention of Food Adulteration Act, 1954 (in short the Act) intercepted Krishan Lal Petitioner herein carrying 20 litres of cow milk in Chhoti Market, Model Town, Karnal which was meant for sale to the public. At that time, Dr. S.K. Sharma, Deputy Chief Medical Officer, Karnal and one Rajbir were with him. Shri Kali Ram disclosed his identity to the accused that he was Govt. Food Inspector authorised to see sample of foodstuff from their vendors with a view to have the same analysed vide Notice Form VI, Ex. P4; he expressed his intention to seize sample of cow milk from his possession with a view to have the same analysed. Thereafter, he purchased 660 ml. of cow milk from him. Accused gave 660 ml. of cow milk to Shri Kali Ram on receipt of Rs. 1.60 from him vide receipt Ex. PB. Krishan Lal told Shri Kali Ram that he was servant of one Prem Chand and this milk belonged to Prem Chand. Shri Kali Ram stirred the entire milk contained in the drum and made it homogeneous for purchasing 660 mls. thereof. He divided that milk into three equal parts. He put each of those parts into clean and dry bottles. He added 18 drops of Formalin 40% as preservative in each bottle. The bottles were stoppered, packed, securely fastened, wrapped and sealed on the neck with seal of Medical Officer. Bottles were labelled and then wrapped in strong thick paper. Those were wrapped with code number issued by the local health authority, Karnal from top to bottom. Each bottle was secured by means of strong twine and sealed with the seal of medical officer and Govt. Food Inspector. Thumb impression of Krishan Lal was obtained in such a manner that part of the thumb impression appeared on the paper slip and part of the thumb impression appeared on the wrapper of the sample. One sealed bottle along with Form VII with specimen impression of the seal used in sealing the bottle and box was sent to the Public Analyst, Haryana for analysis through railway parcel. Another copy of the memo along with seal impression of the seal used was sent by registered post to Public Analyst, Haryana with intimation to the local health authority Karnal. Two sealed sample bottles along with two copies of memo Form No. VII were deposited with the local health authority Karnal. Every proceeding taken at the spot was incorporated in memo Ex.PC. Memos Ex. PA, PB and PC were thumb marked by the accused and these were signed by Shri Kali Ram, Food Inspector and attested by Dr. S.K. Sharma and Rajbir PWs. Public Analyst, Karnal vide report Ex.PD found the sample milk deficient in milk fat content as well as milk solids not fat content by 12.5% and 2% respectively of the minimum prescribed stands. After the receipt of the report of the Public Analyst, Shri R.D. Goel, Govt. Food Inspector, Karnal instituted complaint against the accused under section 7/16(1)(a)(i) of the Act. Govt. Food Inspector informed the local health authority regarding the institution of the complaint by him who sent copy of the report of the of Public Analyst along with the forwarding memo to the accused by registered post.

(2.) AT the conclusion of the trial the complaint, Chief Judicial Magistrate, Karnal found the charge under section 7/16(1)(a)(i) of the Act proved against the accused. He accordingly convicted and sentenced him to undergo RI for 6 months and to pay fine of Rs. 1,000/- or in default to undergo further RI for 3 months vide order dated 23.9.86.

(3.) AGGRIEVED from the order passed by Additional Sessions Judge, Karnal dated 21.11.87 maintaining the order of Chief Judicial Magistrate, Karnal dated 22.9.86, Krishan Lal has come up in revision to this court.