PARAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 read with Sec. 401, CrPC is directed against the judgment dated 14.1.1991 passed by learned Sessions Judge, Jalore (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 27/86 whereby the Appellate Court dismissed the appeal filed by the petitioner against the judgment of conviction and sentence dated 28.5.1986 passed by Chief Judicial Magistrate, Jalore (hereinafter referred to as 'the trial Court'), whereby the trial Court found the petitioner guilty and convicted him for the offence under Sec. 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentenced him to undergo 2 years' rigorous imprisonment and to pay a fine of Rs. 4000/ -, in default of payment to further undergo six months' S.I. Being aggrieved by judgment of conviction and sentence, the petitioner has filed the present revision petition.

(2.) I have heard learned Counsel for the petitioner and the learned Public Prosecutor for the State. Perused the orders of trial Court as well as of the Appellate Court and record of the case.

(3.) On 15.11.1983 at 8.40 A.M., Food Inspector, P.W. -1 Madan Lal Jain took the sample of milk weighing 660 ml. out of 20 kg. of milk alleged to be in possession of the petitioner. On analysis by Public Health Laboratory, the sample was found to be inconsistent with the prescribed standards of purety under the Act and was found to be adulterated. Petitioner was put to trial for the aforenoticed offence. The prosecution produced P.W. -1 Madan Lal Jain, Food Inspector and documentary evidence Ex. P/1 notification by which P.W. -1 Madan Lal Jain was appointed as Food Inspector, Ex. P. 2 order authorising the Food Inspector for inspection, Ex.P/3 receipt for analysing the sample, Ex.P/4 purchase of milk weighing 660 ml, Ex.P/5 memo of the sample taken, Ex.P/6, 7 and 8 memos of sample forwarded to Public Analyst and Ex. P/10 report of Public Health Laboratory as well as Ex. P/11 the sanction of prosecution, Ex. P/12, the acknowledgment receipt. In defence, the petitioner produced Ex. D/1 envelope in which the report is alleged to have been sent to the petitioner, Ex. D/2 the report addressed to Bhopal son of Chaupaji Rao and Ex. D/3 the copy of the report issued by the Public Health Laboratory in respect of milk collected from Shri Bhopal on 23.11.1983.