INDRA MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 23.09.1993 as passed by the Special Judge and Additional Sessions Judge, Pratapgarh in Criminal Appeal No.4/1992 (Old No.192/1983) whereby the learned Appellate Judge dismissed the appeal and affirmed the judgment and order dated 25.08.1983 as passed by the Judicial Magistrate, Pratapgarh in Criminal Case No.555/1976 convicting the accused-petitioner for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 ('the Act of 1954') and sentencing him to 6 months' rigorous imprisonment and fine of Rs.1,000/- with stipulation of further rigorous imprisonment for 3 months in default of payment of fine.

(2.) The accused-petitioner was charged of the offence aforesaid on the accusation that on 28.07.1976 at about 8:00 a.m., the Food Inspector, Ramdhan (PW-1) purchased 660 ml. of milk from the petitioner; and upon analysis, its sample was found adulterated for the reason of "containing about 19% of added water". It was alleged that the report dated 07.08.1976 (Ex.P/4) as received from the Public Health Laboratory, Udaipur was supplied to the petitioner on 18.08.1976. The complaint whereupon the petitioner was proceeded against was filed in the Court on 15.09.1976.

(3.) The learned Magistrate took the evidence led by the prosecution; and, in the statement as recorded under Section 313 Cr.P.C., the accused-petitioner denied the circumstances appearing against him in the evidence with further submission that he was having the licence of working as Halvai and was not selling milk.