MAHESHWAR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision filed by the accused Maheshwar Prasad, who was convicted by the Sub-divisional Magistrate, Udaipur under sec. 16 (a) of the Prevention of Food Adulteration Act, 1954 and sentenced to two months' rigorous imprisonment and a fine of Rs. 200/- in default of payment of fine further rigorous imprisonment for one month, and whose conviction and sentence were upheld by the Sessions Judge, Udaipur.

(2.) THE prosecution case in brief is that on 29th November, 1961 the accused was bringing five containers containing milk from village Sakroda to Udaipur. He was stopped near the village Debari Gate by the Food Inspector P. W. 3 Dalpat Singh, who suspected the milk to be adulterated and took three samples out of one of the containers in the presence of two motbirs P. W. 1 Lehardas, and P. W. 2 Devilal and mixed formalin with the milk contained in each of the three bottles and thereafter prepared a 'panchnama' marked Ex. P. 1. He sent one of the samples to the public analyst, which was received by the latter on 6-12-1963 and was received back on 20-12-1963 along with the report of the public analyst, which has been placed on the record and marked Ex. P. 3. Since, from the opinion of the public analyst, it was found that the milk was adulterated by reason of there being 13% water in it, the Food Inspector Shri Dalpat Singh filed a complaint in the Court of Sub-divisional Magistrate, Udaipur on 4-3-1964. In support of its case the prosecution examined two motbirs: P. W. 1 Lehardas and P. W. 2 Devilal and the Food Inspector P. W. 3 Dalpat Singh himself came in evidence. THE accused denied having committed the offence and examined himself in his evidence besides D. W. 2 Bhanwar Singh.