MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Mohanlal was tried by the learned Munsif and Judicial Magistrate, Raisinghnagar for the offence under section 7/16 of the Prevention of Food Adulteration Act. By his judgment dated 16.6.1976 the learned Magistrate held the petitioner guilty for the aforesaid offence and sentenced him to six months Rigorous Imprisonment and a fine of Rs. 1000/ - in default to undergo two months imprisonment. Being aggrieved by that jndgment the petitioner preferred an appeal Court of Sessions Judge, Sri Ganganagar. The learned Sessions Judge by the judgment dated 9.10.76 dismissed the appeal. Being dissatisfied by his conviction and sentence, the petitioner has now invoked the revisional jurisdiction of this Court.

(2.) Briefly stated the facts of the case giving rise to this revision petition are that on 6.5.75 Veer Singh, Food Inspector checked the milk which the petitioner was carry for sale. The Food Inspector purchased from him 660 m.g. milk for sample and offered the payment, but the petitioner did not accept the payment and also refused to sign the receipt. The Food Inspector put the sample milk in three phials and wanted to give one of it to the petitioner which also the latter refused to take. The sample of milk was sent to the Public Analyst who examined it and opened that die sample was adulterated by reason of abstraction of about 19% of the original fat and addition of about 23% water.

(3.) After obtaining sanction from the Chairman, Municipal Board, Raisinghnagar, challan was submitted against the petitioner in the Court of the Munsif Magistrate, Raisinghnagar who proceeded with the trial and placing reliance on the prosecution evidence passed the judgment of conviction which was affirmed by the appellate court.