RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case is brief is that on 27.9.1998, Shri Raj Kumar, Govt. Food Inspector, authorised to exercise the powers of the Food Inspector under the Prevention of Food Adulteration Act, 1984 (in short the Act) to seize samples of foodstuff from their vendors, along with Dr. N.K. Mundra, Medical Officer, Civil Hospital, Bahadurgarh intercepted Ram Kumar (accused) petitioner who was carrying 16 litres of cow milk in a drum for sale to the public. It was about 5 p.m. then. One Joginder Singh of Kathmandi, Bahadurgarh was also joined as witness. At the outset, the Food Inspector disclosed his identity to the accused and expressed his intention to seize sample of cow milk from him with a view to have the same analysed from Public Analyst Haryana. He gave notice in Form VI to this effect to the accused. After making the cow milk lying in the drum homogeneous, he purchased 750 ml. of cow milk from him as sample on payment of Rs. 3.75 to him against receipt. He divided milk so purchased in 3 equal parts. He put each of those parts in dry, clean and empty bottles by way of preservative. Bottles were stoppered tightly and sealed on the neck with the seal of the Medical Officer. Bottles were labelled and wrapped in a strong thick paper. Ends of the paper were pasted with gum. Paper slip bearing code number carrying the signatures of the Local Health Authority, Bahadurgarh was pasted on each bottle from top to bottom. Each bottle was secured by means of strong twine and sealed with the seal of the Medical Officer and the Food Inspector at the spot. Thumb impression of the accused was obtained on each bottle in a manner that part of the thumb impression appeared on the paper slip and part on the wrapper of the bottle. Accused thumb marked notice Ex.PB and spot memo Ex.PC. Memorandum in form No. VII was prepared at the spot. One sealed bottle along with one copy of form No. VII was sent to the Public Analyst, Chandigarh for analysis in a sealed packet through railway parcel. One copy of the memo No. VII bearing seal impression of the seal used was sent to the Public Analyst through registered post separately. Two sealed bottles alongwith 2 copies of memo form No. VII bearing seal impression were deposited in sealed packet with the local health authority, Bbahadurgarh. Public Analyst, Haryana, vide his report Ex.PD found that the sample was adulterated. Milk solids not fat content was found deficient by 3.5% of the minimum prescribed standard. As the sample milk was found deficient not conforming to the standards of purity as laid down in the Act, complaint under Sections 7/16(i)(a)(i) of the Act was instituted against the accused in the Court. Accused was charged under Section 7/16(i)(a)(i) of the Act. He pleaded not guilty to the charge and claimed trial.

(2.) ON the conclusion of the trial, Sub Divisional Judicial Magistrate, Bahadurgarh found the charge proved against the accused under Section 7/16(i)(a)(i) of the Act vide order dated 5.2.1996 and convicted him thereunder. Vide order dated 6.2.1996, the accused was sentenced to undergo RI for 6 months and to pay fine of Rs. 1,000/-, in default to undergo further RI for 2 months under Section 16(i)(a) of the Act.

(3.) STILL not satisfied Ram Kumar has come up in revision to this court and has prayed for the setting aside of the order of Additional Sessions Judge, Jhajjar dated 1.3.1999. He has prayed for his acquittal in consequence thereof.