SHAHNIWAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, Shahniwaj, assails his conviction by the Courts below for an offence under S.16(1)(a)(i) of the prevention of Food Adulteration Act (briefly hereinafter "the Act"). Sentence of six months' rigorous imprisonment and a fine of Rs. 1.000/- and for failure to pay the same further rigorous imprisonment for two months has been imposed by the trial court, and confirmed by the Appellate Court, in its judgement in case No. 2-N/10 of 1986 declared on 1-12-1986.

(2.) The facts, in brief, are that the petitioner was found carrying 24 K.gs. of mixed milk for sale on the outskirts of Paonta Sahib by the Food Inspector Shri G.R. Puri on 26-11-1979 at 1-30 p.m. Milk to the extent of 660 M/s. was purchased from the petitioner for the purpose of analysis against payment of Rs. 1.32 P., the price of the same, against receipt (Ex.P-2). Gian Chand (PW-2), an independent witness, was present at that time.

(3.) The sample milk was divided into three equal parts and was put in three clean and dry bottles. Formalin, 18 drops, was added as preservative in each of the bottles. These bottles were then closed and sealed. One out of the three was sent to the Public Analyst, Kandaghat, while the other two were deposited with the Local Health Authority. The Public Analyst reported (Ex.P-6) that the percentage of milk fat was deficient by 3% and milk solids not fat by 42% of the minimum prescribed standard. So, the sample was reported to be adulterated within the meaning of the Act. Consequently, prosecution was launched against the petitioner and after trial he was convicted as aforesaid. The matter was carried in appeal to the Court of Addl. Sessions Judge, Solan and Sirmour districts. However, no success could be achieved. This is how the petitioner has come to this Court by way of this petition.