DILBAG SINGH Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment dated 7.2.1998 passed by the Court of learned Additional Sessions Judge, Hisar whereby he dismissed the appeal preferred by Dilbag Singh accused against the judgment dated 24.2.1996 order of sentence dated 2.3.1996 whereby he convicted and sentenced the aforesaid accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000 under Section 7(1) read with Section 16 (a) (i) of the Prevention of Food Adulteration Act, 1954 (for brevity, 'the Act') and in default of payment of fine to further undergo simple imprisonment for three months.

(2.) The facts in brief are that on 26.4.1990 at about 10.00 a.m. in the area of Fatehabad, the accused Dilbag Singh was intercepted with 20 kilograms of cow's milk for public sale in his possession. Teja Singh, Food Inspector purchased 750 mililiters of cow's milk on payment of Rs.3 after mixing the contents thoroughly. The usual formalities were observed. The Public Analyst gave his report that the milk solids not fat were found 23.5% deficient of the minimum prescribed standards. The complaint was lodged against the accused.

(3.) After considering the pre-charge evidence, the accused was charged under Section 16(l)(a)(i) read with Section 7 of the Act to which he did not plead guilty and claimed trial. On close of the prosecution evidence, when examined under Section 313 of Cr.P.C, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence. He came up with the plea that he does not deal in milk. The Food Inspector did not take any sample. In defence, he examined Kartar Singh DW1 and Chetan Dass DW2.