RAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision has been directed against the judgment dated 14.12.2005 passed by learned Additional Sessions Judge, Solan, in Criminal Appeal No. 1 -K/10 of 2005, affirming judgment dated 28.03.2005 passed by learned Judicial Magistrate Ist Class, Kandaghat, Camp at Solan, in Criminal Case No. 35/3 of 02/96.

(2.) THE facts, in brief, are that PW -2 S.N.Sharma, Food Inspector, intercepted petitioner on 26.07.1995 at about 8.45 a.m. The petitioner disclosed his name and address as Harbans Singh, son of Dayal Singh, Village and Post Office Nanakpur, Tehsil Kalka. Later on, it was found that the correct name and address of the petitioner is Ram Chand, son of Ram Krishan, dairy owner, Burawalla, Post Office Barotiwala, Tehsil Kasauli, District Solan,H.P. PW -2 associated one Ravinder as a witness and issued notice Ex. PW1/B in form VI to petitioner declaring his intention to take sample of mixed milk which was in possession of the petitioner in a drum about 40 Kg which was meant for sale. The contents of the milk were properly mixed with a measure. PW -2 purchased 750 ml. mixed milk against payment of ˜5/ - as a sample for analysis. The petitioner duly acknowledged the same as per receipt Ex. P -2.

(3.) THE sample along with form VII was sent in a sealed packet to Public Analyst, Kandaghat. A copy of form VII along with specimen seal impression was sent separately to Public Analyst, Kandaghat, in a sealed envelope. The remaining two parts of the sample along with two copies of the form VII and specimen seal impression were deposited with the Local Health Authority, Solan, in sealed packet.