OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated February 23, 2000 passed by the Additional Sessions Judge, Kaithal, whereby the judgment of conviction dated November 10, 1998 and order of sentence dated November 11, 1998 passed by the Sub Divisional Judicial Magistrate, Guhla, convicting the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ -, were upheld.

(2.) THE petitioner is a milkman. On 20.2.1994, a sample of cow milk was drawn from a drum of 40 litres which was in possession of the petitioner for sale. One part of the sample was sent to Public Analyst, Haryana, Karnal for analysis. As per the report of Public Analyst, the sample was found to contain 6.5% milk fat as against the minimum prescribed standard of 4% and 8.2% milk solids not fat as against the prescribed standard of 8.5%. Thus the milk was found to be deficient in solids not fat to the extent of 3%. Accordingly, the Government Food Inspector filed a complaint against the petitioner for commission of the offence under Section 7 punishable under Section 16(1)(a)(i) of the Act. In the said complaint, the petitioner was convicted and sentenced as indicated above and the said conviction was upheld in appeal.

(3.) I have heard the arguments of the learned Counsel for the parties on the aforesaid two issues. On first argument, undisputedly, the variation in the result of analysis is marginal. The contents of milk fat were found more, i.e., 6.5% against the prescribed standard of 4% and solids not fat 8.2% against 8.5%. The question for consideration is whether the said deficiency had occurred due to non or improper stirring of the milk. In the compliant (Ex.PF) it has been stated that the sample was drawn after mixing the whole contents and making them uniform. The Government Food Inspector while appearing in the Court as PW1 has also stated that he had properly stirred the milk in the drum and made it homogeneous before drawing the sample. However, in cross -examination, he admitted that he had used the measure of one litre for stirring the milk in the drum. Similarly, Dr. Usha Dogra (PW3), who was accompanying the Food Inspector at the time of drawing the sample, had stated that the Food Inspector stirred the milk in the drum by a spoon shape vessel.