Document Fragment View

Matching Fragments

1. Dharam Pal, petitioner-accused has filed the present revision against the judgment dated 25.5.1989 passed by the Additional Sessions Judge, Sonepat whereby the appeal filed by the petitioner against judgment dated 4.11.1988 rendered by the Additional Chief Judicial Magistrate, Sonepat convicting the petitioner under Section 61(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as, Act) and sentencing him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months was dismissed.

2. The facts of the case as stated in the complaint lodged by the Government Food Inspector, A.R. Nehra are that on 26.4.1985 at about 6.30 P.M., he alongwith S.K. Gasain was present at Sonepat-Bahalgarh road near ECE Factory when the accused was intercepted by them. He was found in possession of 18 kg of goat milk for public sale contained in a drum. After serving notice in writing to him, Food Inspector purchased 660 ml of goat milk against the payment of Rs. 2/- for analysis. Milk so purchased was divided into three equal parts and transferred in three dry and clean bottles.Necessary drops of Formalin were added in each bottle and thereafter bottles were sealed in accordance with the prescribed procedure. Spot memo attested by the accused and the witnesses was prepared. Out of these bottles, one bottle was sent to the Chemical Examiner, Haryana, Chandigarh, while the remaining two bottles were deposited with the Local Health Authority, Sonepat. On analysis, the Public Analyst found the sample to be adulterated as it was found to contain milk fat 9% deficient and milk solids not fat to be 28% deficient of the minimum prescribed standard. Dis-satisfied with the said report, another sample was got sent to the Director, Central Food Laboratory, Ghaziabad, who in his report Ex.PF dated 29.8.1985 declared the sample to be adulterated as it did not conform to the prescribed standard of goat milk of Haryana as laid down in the table below item A.11.01.11 of PFA Rules (1955) as milk solids not fat were less than the minimum prescribed limit. On these allegations, notice under Section 16 read with Section 7 of the Act was served upon the accused to which he pleaded not guilty and claimed trial.

5. The trial Magistrate on appraisal of the evidence led on record rejected the defence version of the accused and accepting the prosecution evidence, convicted and sentence him as noticed above. Appeal preferred by the petitioner-accused was dismissed by the Additional Sessions Judge, Sonepat as per order dated 25.5.1989. Aggrieved by these orders, the present revision petition has been filed.

6. Government Food Inspector, A.R. Nehra and Dr. S.K. Gosain in their statements have given a persistent and consistent version with regard to interception of the accused on 26.4.1985 when he was found in possession of 18 kg of goat milk for sale in a drum. They have also testified with regard to the purchase of 660 ml of milk from him after notice Ex.PA in this regard was served upon him against the payment of Rs. 2/- for which receipt Ex.PB was obtained from him. Spot memo Ex. PC prepared by the Food Inspector, attested by Dr. S.K. Gasain and the accused have also been proved by them. It is somewhat surprising that accused in his statement has even denied his signatures on these documents. His assertion and that of DW-1 are that this case has been foisted upon him because he had refused to become a witness of sample proceedings against another milk vendor, intercepted by the Food Inspector on that date, as such, carry no conviction at all and have been rightly rejected by the courts below. Faced with this situation, learned counsel representing the petitioner-accused during the course of arguments prayed for leniency in matter of sentence to already undergone by him because accused has been facing the prosecution for the last more than 14 years as the sample in question was drawn on 4.11.1988.