KANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the judgment dt. 6.7.87 passed by learned Additional Sessions Judge No. 2, Jodhpur whereby the conviction and sentence against the petitioner under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act 1954') by judgment dt. 27.2.85 passed by the Chief Judicial Magistrate, Jodhpur has been confirmed. The petitioner has been sentenced to undergo 6 months R.I. and a fine of Rs. 1,000/- or in default to undergo three months R.I.

(2.) Briefly stated the prosecution case is that Food Inspector Shri Purshottam Narain Vyas took the sample of cow's milk from the petitioner on 25.2.80 at 7 am when the petitioner was bringing the milk for sale near Kanji-ki-Pyau, near Jodhpur. The petitioner could not also produce the licence. The sample was taken according to the provisions under the Act, 1954 and the Rules and it was got analysed from the Public Analyst who gave the report that it was not of prescribed standard and 14% fat had been extracted from the milk. Therefore, a complaint was lodged in the court of the Chief Judicial Magistrate, Jodhpur and letter was also addressed to the petitioner that if he is so desired, could get the sample tested from the Central Food Laboratory within 10 days from the receipt of the letter. The registered letter was returned by the postman with the remark that the address was incomplete.

(3.) The petitioner was charged under Section 7/16 of the Act, 1954. He denied this charge. Hence, trial was held and after completing the trial the petitioner was convicted and sentenced as stated above.