SANJAY KUMAR BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 23-1-2002, rendered by the Court of Additional sessions Judge, Panipat, vide which it dismissed the appeal, against the judgment of conviction dated 28-10-1999 and the order of sentence dated 29-10-1999, rendered by the Court of Chief Judicial Magistrate, panipat, 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 R. I. for a period of six months, and to pay a fine of rs. 1000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of one month.

(2.) THE facts, in brief, are that on 29-11-1994 at about 9. 05 p. m. , Mr. J. S. Chauhan, government Food Inspector, inspected the shop of the accused, and found him in possession of 4 Kgs. of buffalo milk curd for public sale, in a receptacle (Kunda ). He demanded a sample of the curd, after giving the requisite notice, in writing, on the prescribed form, to the accused and purchased 750 grams of buffalo milk curd from him, after mixing the entire quantity of curd lying with him and making it homogenous. The sample was divided into three equal parts and then put in the bottles. 18 drops of formalin 40% were added, as preservative, in each bottle. The sample bottles were separately labelled, in accordance with the provisions of law. One portion of the sample was sent to the Public Analyst, Haryana, chandigarh, and two portions of the sample, along with two copies of Form VII were deposited with the Local Health Authority, panipat. The Public Analyst, Haryana, found the sample to be adulterated, as the same was 75% deficient, in milk fat. After receipt of the copy of the result, from the Local health Authority, Panipat, complaint against the accused was filed.

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