KANWAR PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision-petition is directed against the judgment dated 24.10.2001, rendered by the Court of Sessions Judge, Jind, vide which it dismissed the appeal, against the judgment of conviction dated 27.11.1998, and the order of sentence dated 28.11.1998, rendered by the Court of Sub Divisional Judicial Magistrate, Safidon, convicting the accused, for the offence punishable under Section 7 read with Section 16 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. 100/-, in default of payment of five, to undergo further rigorous imprisonment for a period of three months.

(2.) THE facts, in brief, are that on 26.02.1994 at about 9.15 AM, the accused (now revision-petitioner) was intercepted at Assandh Road near old Octroi Post, Safidon when he was having 60 liters of cow's milk for public sale, contained in two drums on motorcycle. The entire in the drums, was mixed properly and made uniform/homogeneous and thereafter a sample was drawn therefrom, in accordance with the provisions of law. The sample, so taken, was transferred into three clean and dry bottles, which were separately stoppered, labelled and sealed, in accordance with the provisions of law. One part of the sample was sent to the Pubic Analyst, Haryana, Chandigarh, who found the same to be adulterated. Thereafter, a criminal complaint was filed against the accused.

(3.) IN pre-charge evidence, Prem Chand Gupta, Government Food Inspector, (PW-1) was examined. Thereafter, the pre-charge evidence was closed.