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Bhajan Lal son of Karam Chand , through the instant revision has challenged the impugned judgment dated 21.1.2003, rendered by the Additional Sessions Judge, Fatehabad.

Vide the impugned judgment, appeal against the judgment dated 8.3.1999, passed by Sub Divisional Judicial Magistrate, Fatehabad, was dismissed, whereby the revisionist/accused was convicted under Section 16 (1)(a)(i) read with Section 7 of the Prevention of Food Adulteration, Act 1954 (hereinafter referred to as the Act) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/-. In default of payment of fine, to further undergo rigorous imprisonment for one and a half month.

Prosecution story, in brief, is that on 18th October, 1994, Food Inspector Chand Ram had intercepted Bhajan Lal while carrying 10 Kilo grams of cow milk for public sale. After disclosing his identity as Government Food Inspector to the appellant-accused expressed his intention to purchase 750 MLS of cow milik against payment. 750 MLS of cow milk was purchased after issuing notice Ex.PA, which was thumb marked by the accused. Dr. N.K.Chakarwarti Medical Officer, Civil Hospital, Fatehabad, was also with the Food Inspector. Thereafter, the milk was thoroughly stirred and made homogenous with the help of milk measure. 750 ML of cow milk was purchased against payment of Rs.6/- vide receipt Ex.PD. Notice Ex.PA and receipt Ex.PD were thumb marked by the revisionist. Sample purchased was divided into three equal parts and bottled into three dry, clean and empty bottles. Twenty drops of 40% formalin per 25 mls were added in each of the bottles as preservative. The bottles were stoppered tightly and sealed on the neck with the seal of the Medical Officer and the same were labelled and wrapped in a strong thick paper and the ends of the paper were pasted with gum, a paper strips bearing Code Number. The bottles were sealed as per rules. One sealed sample bottle along with a memorandum in form VII was sent to the Public Analyst, Haryana, Chandigarh, for analysis and the other two sealed bottles along with two copies of memo in form No.VII were deposited with the Local Health Authority, in a sealed packet. A copy of the memo in form VII and the specimen impression of the seals used to seal the sample and the packet were sent to the Public Analyst, Haryana, Chandigarh, separately by registered post. Spot memo Ex.PC was also prepared by the Food Inspector attested by Dr. N.K.Chakarwarti. The certificate of the Public Analyst, Haryana, Chandigarh found vide its report Ex.PE that the milk solid not fat was 7% deficient of the minimum prescribed standard under the rules.