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1993 Supreme(P&H) 419

A.S.NEHRA
Baldev Raj – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. R. S. Cheema, Sr. Advocate, Mr. S. S. Narula Advocate with him.
For the Respondent: Mr. K.S. Godara, AAG, Haryana.

JUDGMENT

A.S. Nehra, J. - The petitioner was convicted under section 16(1)(a)(1) of the Prevention of Food Adulteration Act (hereinafter called the Act) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further rigorous imprisonment for four months by the Chief Judicial Magistrate, Kurushetra, on 19-10-1985. The appeal filed by the petitioner was dismissed by the Sessions Judge, KUrukshetra, on 24.7.1986.

2. Briefly stated, the facts of the prosecution are as under:

"On 13-11-1981 Government Food Inspector intercepted the accused-petitioner having in his possession 30 Kgs of cows milk contained in a drum for public sale. He disclosed his identity to the accused and also joined Bal Kishan as a witness on the spot and then served notice Exhibit PA on the accused. He purchased 660 mls of cows milk for Rs. 1.40 paise under receipt Exhibit PB. The purchased milk was divided into three equal parts and was put into three dry and clean bottles., Eighteen drops of fomaline were added in each bottle as preservative. The bottles were stoppered, securely fastened and then wrapped in strong









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