NARAINU AND KAHNU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Narainu and Kahnu have obtained these Rules in revision against the order dated 9th Sept., 1971 of the Sessions Judge, Mandi, in a case under section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as the Act) wherein they have been convicted for that offence and have been sentenced each to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00, and in default to further undergo rigorous imprisonment for six months.

(2.) As common question of law and fact arise in the two revision petitions, the same have been consolidated and connected and may be disposed of by a single judgment. The facts which give rise to these petitions may now be briefly stated.

(3.) One Chander Kant, Food Inspector, happened to reach Sunder-nagar on 13.10.1970 and he found Kahnu selling buffalo milk and he purchased from him, sample, 660 ML quantity of milk at a cost of 75 NP. The usual procedure of dividing the sample into separate bottles for analysis was followed. These bottles were sealed on the spot and one of the sample-bottles was sent to the Public Analyst for his report. Subsequently the report that arrived which is Ex.PE, indicated that the buffalo milk was deficient in milk fat by 48% and in milk solid other than milk fat by 39%. Upon this report, a complaint was filed to the Magistrate, First Class, Sundernagar, and as a result to that complaint the accused was summoned and as stated by the learned Magistrate, he pleaded guilty. Accordingly he was convicted and sentenced in the manner stated above.