KRISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application in revision filed by Kishna Ram petitioner against the judgment of the Sessions Judge, Jodhpur, dated Nov. 20, 1975, upholding the petitioner's,conviction and sentence under section 7 read with 'section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as'the Act', but reducing the sentence of one year's rigorous imprisonment awarded to him by the trial court, to a term of six months rigorous imprisonment ; while maintaining the sentence of fine of Rs. 1,000 and reducing the sentence of six months rigorous imprisonment in default of payment of fine to a term of three months rigorous imprisonment.

(2.) The case for the prosecution was that on Jan. 28, 1974, at about 11 a.m. the Food Inspector Shanker Lal attached to the Municipal Council, Jodhpur, saw the accused carrying a drum containing cow-milk for sale at the crossing of Paota Mohalia, Jodhpur. The Food Inspector purchased 660 ml. of milk from the petitioner for 75 paise and after observing the necessary formalities divided the sample of milk into three portions. Each portion was sealed in a clean bottle by the Food Inspector in the presence of 'motbirsk Out of the three bottles one was sent to the Public Analyst, Rajasthan, Jaipur, who made a report that the sample was deficient of minium, amount of fat content and solids non-fat and was, therefore adulterated. After receiving the report from the Public Analyst, the Food Inspector obtained necessary sanction to prosecute the petitioner from the local authority and filed a complaint against the petitioner in the Court of Municipal Magistrate, Jodhpur, from where it was transferred to the Court of Chief Judicial Magistrate, Jodhpur, on coming into the force of the New Code of Criminal Procedure. In support of its case the prosecution examined P.W. 1 Shanker Lal, Food Inspector, P.W. 2 Salim and P.W. 3 Gudarmal.

(3.) The petitioner, on the other hand pleaded that he was running a tea stall and that he was carrying the milk for the purpose of preparation of tee at his stall and that the milk was not meant for sale. The petitioner examined four witnesses to substantiate his plea. The learned Chief Judicial Magistrate considered the entire evidence and arrived at the conclusion that the petitioner was found in possession of adulterated cow-milk for sale. He, therefore, convicted the petitioner and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000.00, in default of payment of fine to further suffer rigorous imprisonment for six months, Aggrieved by his conviction and sentence, the petitioner filed an appeal in the Court of Sessions Judge, Jodhpur, who partly allowed the appeal and reduced the sentence in the manner stated above. Hence, the petitioner has come up in revision to this Court.