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2008 Supreme(P&H) 1099

RAJESH BINDAL
Sektu Ram – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Petitioner:Mr. Sanjay Verma, Advocate.
For the Respondent: Mr. Ajay Ghengas, DAG Haryana.

JUDGMENT

Rajesh Bindal, J

1. The challenge in the present petition filed under Section 401 Cr.P.C. is to the judgment dated March 18, 2008 passed by learned Sessions Judge, Kurukshetra whereby the appeal filed by the petitioner against the judgment dated January 18, 2007 passed by the Chief Judicial Magistrate, Kurukshetra was dismissed.

2. The petitioner in the present case was held guilty under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short 'the Act'). The allegations are that on June 27, 1995 at 10.00 AM the petitioner was intercepted while in possession of cow milk for sale. Sample was drawn. On analysis, the same was found to be adulterated as milk fat was found to be deficient by 5% and milk solid not fat was 35% deficient of the minimum prescribed standards. The petitioner was directed to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/-. In case of default of payment of fine, he was directed to undergo Revision No. 671 of 2008 -2further simple imprisonment for a period of fifteen days. The judgment of the learned Chief Judicial Magistrate, Kurukshetra was upheld by the learned Sessions Judge, Kurukshetra.

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