RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted by Shri P.L. Ahuja, Chief Judicial Magistrate, Jind, under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and sentenced to undergo R.I. for eight months and to pay a fine of Rs. 1000/-; in default of payment of fine further R.I. for five months vide his order dated October 14/15, 1985. His appeal against the conviction and sentence was dismissed by Shri M.S. Nagra, Additional Sessions Judge, II, Jind, vide his order dated February 14, 1986. Feeling aggrieved, he has filed this revision petition.

(2.) The prosecution case is that on October 16, 1984 at about 9 a.m. Moti Ram, Government Food Inspector, Jind, intercepted petitioner Raj Kumar in the presence of PWs. Dr. S.P. Aggarwal and Kuldip Singh and found him in possession of 20 kgs. of cow's milk in a drum. The Food Inspector disclosed his identity, served a notice on him and took a sample of milk. The report of the Public Analyst established that the contents of the sample were deficient in milk-solid not fat than the minimum prescribed standard. The petitioner was challaned, tried and convicted and sentenced, as mentioned in the earlier part of the judgment.

(3.) I have heard the learned Counsel for the parties. The learned Counsel for the petitioner has challenged the conviction primarily on the ground that at that time of the taking of the sample by the Food Inspector, the milk was not stirred and thus made homogenous and this ommission on the part of the Food Inspector had led to unsatisfactory analysis by the Public Analyst. It is further contended that the fat contents were found to be 4.9 per cent which is more than the required percentage of 4 per cent. Milks polices, not fat, were found to be 7.3 per cent which are slightly less than the required 8.5 per cent.