TAKAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal Revision has been filed by Takan Dass petitioner against the judgment of the Additional Sessions Judge, Gurgaon, wanted March 18, 1986, dismissing the appeal of the petitioner against the judgment of the Chief Judicial Magistrate, Gurgaon whereby he was convicted under section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and was sentenced to six months R.I. and to pay a fine of Rs. 1,000/-.

(2.) THE case proceeded, on the complaint of S.P. Malik, Government Food Inspector It is alleged that on 30th July, 1981, at about 7.00 P. M. the Food Inspector along with Dr. R.K. Sharma intercepted the petitioner at Sohana Road, Badshahpur when he was having in his possession ten litres of cow's milk, contained, in a drum for sale. The Food Inspector purchased 660 mls. of cow's milk on payment of Rs. 2/-. One of the samples sent to the Public Analyst was subsequently found to be adulterated as its quality was below the prescribed standard.

(3.) THE result, therefore, is that the Revision Petition is allowed, conviction and sentence of the petitioner are set aside and he is acquitted of the charge. The amount of fine if deposited by the petitioner, shall be refunded to him.