MAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner, hereinafter referred to as the accused, on 9.4.1993 at about 8 a.m. in the area of village Raghunathpura was found in possession of 43 liters of mixed milk for sale to the general public. Such milk was contained in two drums which the accused was found carrying on his motor cycle No. HP -24 -1322. The Food Inspector purchased 750 ml. of milk from the accused for the purpose of analysis and upon analysis such milk was found to be adulterated since the fat contents and solids not fat contents were found to be below the prescribed standard. Further the accused was found selling the milk without holding a valid licence as a milk vendor as required under the Rules framed under the provisions of Prevention of Food Adulteration Act, 1954.

(2.) The accused was accordingly sent up for trial for the offence under Section 16(l)(a)(i) and 16(l)(a)(ii) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act. The learned Magistrate vide judgment dated 30.11.1994 convicted the accused for both the offences and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500 for the offence under Section 16(l)(a)(i) of the Act and rigorous imprisonment for two months and fine of Rs. 300 for the offence under Section i6(l)(a)(ii) of the Act. The conviction and sentence imposed upon the accused by the learned Magistrate were affirmed in appeal by the learned Sessions Judge, Bilaspur vide his judgment dated 25.6.1999. Feeling aggrieved, the petitioner is before this Court by way of the present revision petition.

(3.) The learned Counsel for the accused at the very out set has contended that the conviction and sentence imposed upon the accused for the offence under Section 16(l)(a)(i) of the Act by the two courts below cannot be sustained inasmuch as there has been non -compliance with the mandatory provisions of Section 13(2) of the Act.