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1989 Supreme(P&H) 410

HARBANS SINGH RAI
Raj Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

Harbans Singh Rai, J.

1. The petitioner was convicted by Shri P.L. Ahuja, Chief Judicial Magistrate, Jind, under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and sentenced to undergo R.I. for eight months and to pay a fine of Rs. 1000/-; in default of payment of fine further R.I. for five months vide his order dated October 14/15, 1985. His appeal against the conviction and sentence was dismissed by Shri M.S. Nagra, Additional Sessions Judge, II, Jind, vide his order dated February 14, 1986. Feeling aggrieved, he has filed this revision petition.

2. The prosecution case is that on October 16, 1984 at about 9 a.m. Moti Ram, Government Food Inspector, Jind, intercepted petitioner Raj Kumar in the presence of PWs. Dr. S.P. Aggarwal and Kuldip Singh and found him in possession of 20 kgs. of cows milk in a drum. The Food Inspector disclosed his identity, served a notice on him and took a sample of milk. The report of the Public Analyst established that the contents of the sample were deficient in milk-solid not fat than the minimum prescribed standard. The petitioner was challaned, tried and convicted and sentenced, as mentioned in the earli



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