RATTAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 23.07.2002, rendered by the Court of Additional Sessions Judge, Kaithal, vide which it dismissed the appeal, against the judgment of conviction and the order of sentence dated 11.01.2002, rendered by the Court of Chief Judicial Magistrate, Kaithal, convicting the accused, for the offence, punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of one year, and to pay a fine of Rs. 1000/-, in default of payment of the same, to undergo further rigorous imprisonment, for a period of one month.

(2.) THE facts, in brief, are that on 28.11.1994, at about 8.10 am, Mr. Harbhajan Singh, Government Food Inspector, along with Dr. N.K. Dhawan, intercepted the accused at Dhand Road near Silver Oak School, Kaithal, who was having in his possession 30 lts. of cow's milk for public sale, contained in a drum. The Government Food Inspector, disclosed his identity, to the accused, and notice Ex.PA was served upon him. 750 Mls. of cow's milk was purchased, for analysis, after mixing the milk in the drum properly and making the same homogeneous. The milk so purchased, was divided into three equal parts, and packed in three dry clean and empty bottles. Preservative was added in the sample bottles. The bottles were stoppered, labelled and then wrapped, in a strong thick paper. One part of the sample, was sent to the Public Analyst, Haryana, Karnal. As per the report of the Public Analyst, Haryana Karnal, the sample was found containing 7.8% of milk solid not fat, against the minimum specified limit of 8.5% laid down for cow's milk, as per the Rules. The sample was, thus, found adulterated. Copy of report of Public Analyst, Karnal was sent to the accused, giving him an option, to get the second part of the sample, analyzed from the Central Food Laboratory. Thereafter, the prosecution was launched against the accused.

(3.) ON his appearance, the accused was supplied a copy of the complaint and other relevant documents, under the provisions of law.