BHANWAR LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application in revision filed by Bhanwarlal against the judgment of, the Sessions Judge, Merta dated January, 51977, in Criminal Appeal No. 160 of 1976, by which he conviction and sentences of the petitioner under Section 7 read with section 16(1)(a) of the Prevention of Food Adulteration Act (here in after referred to as the (Act) wee upheld. It will not be out of place to mention that the petitioner was prosecuted for the aforesaid offece in the court of the Chief Judicial Magistrate, Nagour, and was convicted and sentenced of undergo rigorous imprisonment fors ix months and to pay a fine of Rs. 1000/ -, in default of payment of find to further suffer rigorous imprisonment for 1 1/2 months.

(2.) THE Prosecution case against the Petitioner was as follows: - -On October 9, 1975, Food Inspector Hari Kishan Bishnoi PW 1 went to the petitioner's shop situated at Gudari Bazar. Deedwana, and purees d 660 MMs of cow's milk for Rs. 1.25 p. from the petitioner for the purpose of analysis after giving a prescribed notice in Form No. VI. The quantity of milk purchased from the petitioner was equally divided into three parts and each Part was filled in one dry clean bottle with 18 drops of formalin added to it. Thereafter the three bottles were duly sealed and a Panchama Ex. P. 3 to the same effect was preyed On bottle along with Form No. VI was given to the petitioner and pother sealed bottle was sent to the Public Analyst at Jaipur for analysis along with Form No. VII (Ex. P. 4) and a separate copy thereof with the specimen seal impression also was sent by registered him. The Public Analyst analysed the sample of the cow milk sent to him and declared the result of the analysis as follows: -

(3.) THE Public Prosecutor, on the other hand, urged that there are no mitigating circumstances to lessen the severity of the crime, especially when minimum sentence prescribed under the Act has been awarded to the petitioner.