KOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Additional Sessions Judge, Jodhpur dated 18 th June 1996 passed in Cr. Appeal No.4/1996 upholding the judgment of learned Chief Judicial Magistrate dated 06 th April 1996 passed in Cr. Case No.192/1993 whereby the petitioner has been convicted under section 7 read with section 16 of the Prevention of Food Adulteration Act {hereinafter referred to as 'the Act'} and rule 50(1) of the Prevention of Food Adulteration Rules and sentenced to undergo simple imprisonment for a period of two years along with fine of Rs.10,000/ -and 10 days' simple imprisonment with fine of Rs.300/ - respectively.

(2.) THE facts of the case, briefly stated, are that Food Inspector Mr Girish Narayan Mathur while on inspection found that petitioner was selling cow's milk at High Court colony, Jodhpur. He also learnt that the petitioner was selling milk without license to sell food items. He purchased 750 ml milk for sample testing for which he paid Rs.3/ - to the accused -petitioner. The purchased milk was filled in three dry and clean bottles in equal quantities and after adding 20 drops of formalin in each bottle, the bottles were capped, sealed and labelled. The bottles were sealed in the presence of independent witnesses at the site.

(3.) THE samples were sent for analysis to the Public Analyst, Jodhpur. The Public Analyst vide report Ex.P12 dated 24 th July 1993 found the sampled milk to be adulterated as it did not conform to standards of purity prescribed for cow's milk and the sample contained about 14% added water and 43% less fat.