RAM SWARUP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Ram Swarup has approached this Court for relief against his conviction under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, (hereinafter, "the Act") and sentence of rigorous imprisonment for six months and a fine of Rs. 1,000, in default of payment whereof he has been directed to undergo rigorous imprisonment for a further period of three months. The conviction was recorded by the Sub -Divisional Judicial Magistrate, Paonta Sahib, on May 13, 1987, in case No. 70/111 of 1986. It was upheld by the learned Additional Sessions Judge, Solan and Sirmour Districts at Nahan, by judgment dated March 15, 1988. The applicant petitioned to this Court from Jail. Since he was unrepresented by a counsel, this Court appointed Shri B. K. Malhotra, Advocate, to appear for the applicant as amicus curiae.

(2.) On April 4, 1986, applicant Ram Swarup is said to have been intercepted by the Food Inspector (Shri G. R. Puri) of District Sirmour at village Dhaula Kuan, Tehsil Paonta Sahib. He was said to be carrying milk in two drums. The Food Inspector purchased some milk from Ram Swarup. It was goats milk. The milk was split up into three separate samples which were duly put in proper containers. One of the samples was sent to the Public Analyst. It was received by him on April 7, 1986.

(3.) Report No. 24/April/86, dated May 6, 1986, was made by the Public Analyst. He found, as is mentioned in this report, that the sample analysed by him was deficient in milk solids -not -fat by 20% of the minimum prescribed standard.