MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Additional Sessions Judge, Bhilwara. The learned Additional Sessions Judge has sustained the conviction of the accused petitioner under Section 7/16 of Food Adulteration Act He, however, reduced the sentence to three months' imprisonment and a fine of Rs. 500/- in default of payment of fine to further undergo one month's imprisonment.

(2.) THE prosecution case is that on 27,11,1975, Food Inspector, Gangapur purchased 660 ml. milk from accused petitioner. It was not pointed out by the accused whether the milk was of buffaloes or cows, therefore, it was taken to be that of buffaloes. Sample was obtained from the purchased milk and sent to public analyst for analysis. It was found that 48% was water in the milk, therefore it was adulterated. A complaint was filed against the accused in the Court of Munsif & Judicial Magistrate, Padampur. Accused was charged-under Section7/16 of the Food Adulteration Act. In trial, prosecution examined P. W. 1 Prakash Chand, Food Inspector, P. W. Bheru Singh and PW 3 Chhaganlal. In defence, witnesses Banshilal and Gopal were examined. Learned Magistrate came to the conclusion that offence under Section 'j/16 of the Food Adulteration Act has been committed by the accused and convicted him under the said section end sentenced him to nine moths' simple imprisonment and a fine of Rs. 1500/-, in default of payment of fine to further undergo simple imprisonment for three months. Against his conviction and sentence, accused cared the matter before learned Additional Sessions Judge, Bhilwara. THE learned Add. Sessions Judge upheld the conviction, however, he reduced the sentence to three months' imprisonment and a fine of Rs. 500/-, in default to further undergo one month's imprisonment.

(3.) IN the result conviction and sentence sustained by the learned Additional Sessions Judge, Bhilwara are set aside. Accused is acquitted of the charge levelled against him. He is on bail. His personal bond and sureties shall stand discharged forthwith.