SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the judgment of conviction dtd. 3/11/2006 as well as the order of sentence dtd. 4/11/2006 vide which the petitioner was convicted for offence punishable under Sec. 16 of the Prevention of Food Adulteration Act, 1954 and was sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.500.00 and in default of payment of fine to further undergo simple imprisonment for a period of one month as well as the judgment dtd. 22/7/2010 passed by the Additional Sessions Judge, Sonepat, vide which the appeal preferred by the petitioner was dismissed.

(2.) Brief facts of the case are that on 20/11/1977, K.K. Bhutani, Government Food Inspector along with Dr. A.K. Rathee and Suresh Kumar visited the shop of the accused at Fountain Chowk, Gohana and found him in possession of about 02 Kgs of Khoya contained in an iron Thal for public sale. A notice on the prescribed Form Ex.PA was served upon the accused demanding sample of Khoya. Accordingly, 600 gms Khoya was purchased from the accused against the payment of Rs.33.00, which was divided into three equal parts and bottled in three dry clean empty bottles. Two drops of 40% formalin per 25 gms. were added as preservative in each bottle. All the three bottles were sealed and converted into parcels at the spot as per the rules. One sealed parcel was sent to the Public Analyst Haryana, Chandigarh for analysis. As per the report of the Public Analyst Ex.PF, the same was found to contain 18.1% of Milk fat contents against the minimum specified limit of Food Adulteration Rules, 1955. The said report was conveyed to the accused and thereafter, a complaint Ex.PE was filed by the Government Food Inspector.

(3.) In pre-charge evidence, K.K Bhutani, Government Food Inspector appeared as PW1 and thereafter, charge under Sec. 16(1)