HEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Addl. Distt. and Sessions Judge, Rajsamand dt. 24. 7. 84 whereby he upheld the conviction u/s. 7/16 of the Prevention of Food Adulteration Act passed against the petitioner by the learned Addl. Chief Judicial Magistrate, Rajsamand on 15. 3. 84 but reduced the sentence from six months S. I. to three months S. I. with a fine of Rs. 500/- and in default of payment of fine to undergo further one and a half month's S. I.

(2.) BRIEF facts of the prosecution case are that on 28. 4. 79, one Harishanker, Food Inspector, Udaipur checked the petitioner near bus stand and took the sample of milk. The sample was found to be adulterated vide Public Analyst report dated 4. 5. 79. A complaint was filed on 28. 12. 79. The petitioner in his statement u/s. 313 has stated that milk contained in 'kothi' did not belong to him but it was of some other person who left it at the place of incident and he has been falsely implicated and pleaded not guilty. The learned Magistrate after conclusion of the trial found the petitioner guilty and sentenced him to six months with a fine of Rs. 500/ -. On appeal, the conviction of the accused was maintained but his sentence was reduced as stated above.

(3.) IN the result, this revision petition is allowed. The conviction of the petitioner Heersingh u/s. 7/16 of the Prevention of Food Adulteration Act is quashed. The orders passed by the learned courts below are set aside. The petitioner is already on bail, so he need not surrender. .