SUKHDEO AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these revision petitions raise common questions for determination and, therefore, they are being disposed of by this common order.

(2.) CRIMINAL Revision No. 155 of 1978 has been filed by Sukhdeo against the Judgment, dated May, 31, 1978, passed by the Sessions Judge, Bhilwara, in Criminal Appeal No. 255 of 1977, filed by the said petitioner against the decision of Munsif and Judicial Magistrate, Gulabpura, in Criminal Case No. 342 of 1976. In the aforesaid criminal case the said petitioner was prosecuted in respect of an offence under Section 7/16 of the Prevention of Food Adulteration Act, 1951 (hereinafter referred to as 'the Act') The case of the prosecution was that on December 10, 1975, Shri Shyamlal, (P.W. 1), Food Inspector of Gulabpura, checked the milk in the possession of the petitioner, which was stated to be cow and buffalo milk (mixed) which has been brought for sale to Gulabpura by the petitioner. The Food Inspector purchased 660 ml. of milk from the petitioner and after dividing it into three parts, he put the same in three bottles and put 18 drops of formalin in each bottle and sealed, said bottles. One of the bottles was delivered to the petitioner and another bottle was sent to the Public Analyst, Ajmer, for chemical examination. According to the report of the Public Analyst (Ex. p 5), the sample of the milk contained in the bottle was adulterated for the reason that it contained about 16% of added water. Thereafter a complaint was filed against the petitioner in the court of Chief Judicial Magistrate, Bhilwara, and the same was transferred to the court of Munsiff and Judical Magistrate, Gulabpura, for trial. The Munsiff and Judicial Magistrate, by his judgment, dated September 26, 1977, convicted the petitioner of the offence under Section 7/16 of the Act and sentenced him to rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/ - and in the event of default in payment of fine to undergo simple imprisonment for a further period of six months. The petitioner filed an appeal which was decided by the Sessions Judge, Bhilwara, by his judgment, dated May 31, 1978. The Sessions Judge, while upholding the conviction of the petitioners under Section 7/16 of the Act, reduced the sentence to rigorous imprisonment for three months and a fine of Rs. 500/ -, and in the event of non -payment of fine to undergo simple imprisonment for a further period of three months.

(3.) CRIMINAL Revision Petition No. 157 of 1978 has been filed by Ladu and it is directed against the judgment, dated June 3, 1978, passed by the Sessions Judge, Bhilwara, in Criminal Appeal Ni. 38 of 1978 filed by the said petitioner against the judgment of the Munsiff and Judicial (sic)Magistrate, Gulabpura in Criana case No. 342 of 1978. In the aforesaid case the said petitioner was prosecuted in respect of an offence under Section 7/16 of the Act. The case of the prosecution was that on September 27, 975, Shri Shyamlal Bhati, (P.W. 1), Food Inspector. Gulabpura,(sic)checked the milk in the possession of the petitioner and the said milk which was claimed to be cow and buffalo milk (mixed) had been brought by the petitioner for sale to Gulabpura. The Food Inspector purchased 660 ml. of milk and after dividing in to three equal parts, he filed the same in three bottles and after adding 18 drops of formalin in each bottle he sealed the bottles. One of those bottles was delivered to the petitioner' and another one was sent to the Public Anylyst, Ajmer, for analysis. According to the report of the Public Analyst (Ex P. 5) the sample of the milk contained in the bottle was adulterated for the reason that it contained about 16% of added water. Thereupon, a complaint was filed against the petitioner in the court of Chief Judicial Magistrate, Bhilwara, which was later on transferred to the court of Munsiff and Judicial Magistrate, Gulabpura The Judicial Magistrate by his judgment, dated February 1, 1978, convicted the petitioner of the offence under Section 7/16 of the Act and sentenced him to rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/ -, and in the event of default in payment of fine to undergo simple imprisonment for a further period of six months. The petitioner filed an appeal against the aforesaid judgment of the Judicial Magistrate and he said appeal was decided by the Sessions Judge, Bhilwara by his judgment, dated June 3, 1978. The Sessions Judge, while upholding the conviction of the petitioner under Section 7/16 of the Act, reduced the sentence to rigorous imprisonment for a period of three months a and fine of Rs. 500/ -, and in the event of non -payment of fine to undergo simple imprisonment for a further period of three months.