SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present criminal revision petition filed under Sec. 397 read with Sec. 401 Cr.P.C., the petitioner has challenged the judgment dtd. 4/7/2009 passed by the learned Additional Sessions Judge No.2, Chittorgarh in Criminal Appeal No 17/2006 whereby the judgment dtd. 1/7/2006 passed by the learned Additional Chief Judicial Magistrate, Kapasana, District Chittorgarh in Criminal Case No 278/1996 was upheld. The petitioner was convicted and sentenced for the offence under Sec. 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act of 1954" or "the Act" for short).

(2.) The prosecution case, in brief, is that a complaint was filed against the petitioner on 17/7/1996 stating that on 26/11/1994, Food Inspector Labh Shankar apprehended the petitioner who was carrying cows milk for sale. After following the requisite formalities, he purchased 750 grams of milk for Rs.4.00. The sample was divided in two parts, and one part was sent to the Public Analyst, Udaipur. The Public Analysts report dtd. 8/12/1994 (Exhibit P-13) found the milk to be adulterated, as the Milk Solid Non-Fat (hereinafter "MSNF") content was 6.17% against the prescribed minimum standard of 8.5%.

(3.) Charges under Sec. 7 and 16 of the Prevention of Food Adulteration Act, 1954 were framed against the petitioner by the Learned Trial Court. The petitioner denied the charges, pleaded not guilty, and claimed trial.