DEVI DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief is that on 8.2.1989 at about 12.30 PM Sh. Chand Ram Grewal, Govt. Food Inspector visited the milk stall/tea stall of Devi Dayal-accused situated near Power House, Bhiwani Road, Hansi. Sh. Chand Ram Grewal disclosed his identity that he was Govt. Food Inspector, authorised to seize sampled of food stuff from their vendors and to have them analysed from Public Analyst, Haryana. 10 kgs. of boiled cow milk was lying in a patila at his shop, which was meant for sale to the public. At that time, Dr. S.K. Gupta was also with him. He served notice Ex.PA on the accused and asked him to supply him 750 mls of milk for analysis on receipt of necessary price from him. He thoroughly stirred the milk contained in the patila and made it homogeneous and purchased 750 mls. of milk an payment of Rs. 3.75 to him. He divided that milk into three equal parts. He put each part in a dry, clean and empty bottle. Accused gave him receipt Ex.PB in token of receipt of Rs. 3.75 from him against the supply of 750 mls of milk to the Food Inspector. The sample bottles were stoppered tightly and sealed on the neck with the seal of Medical Officer. The bottles were lebelled and wrapped in strong thick paper. The ends of the paper were pasted with gum. A paper slip bearing code number and signatures of the Local Health Authority, Hansi was pasted on each bottle from top to bottom. Each bottle was secured by means of strong twine and sealed with the seal of Medical Officer and Food Inspector at the spot. Thumb impression of Devi Dayal was obtained in such a manner that it appeared partly on the paper slip and partly on the wrapper of the bottles. One sealed bottle alongwith memorandum in Form VII was sent to the Public Analyst, Haryana for analysis in a sealed packet. The other two sealed bottles of sample alongwith two copies of memorandum in From VII were deposited with the Local Health Authority on 9.2.1998. A copy of the memorandum in Form VII and specimen impression of the seals used in sealing the sample were sent to the Public Analyst Haryana separately by registered post. Public Analyst found vide report Ex.PD that the sample was deficient in milk solids not fat content to the extent of 26.0 per cent of the minimum prescribed standard. On receipt of the report of the Public Analyst by the Local Health Authority, a copy whereof was sent to the accused through registered post, complaint under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act was instituted against the accused.

(2.) ON the conclusion of the trial, Sub Divisional Judicial Magistrate, Hansi vide order dated 29.9.1991 found the charge under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act proved against the accused. He accordingly convicted the accused thereunder and sentenced him to undergo rigorous imprisonment for 6 months and to pay fine of Rs. 1,000/- or in default of payment of fine to undergo further rigorous imprisonment for one month.

(3.) AGGRIEVED from this order dated 16.12.1998 passed by the Additional Sessions Judge, Hisar, Devi Dayal has come up in revision in this Court.