60 0 CrleRevne NO1602 of2003 1 b INTHE HIGH COURT OF PUNJAB 82HARYANA AT CIIANDIGARH CrleRevneNO01602of2003 DATEOF DECISION March 04 2010 Salamudin eeePETITIONER m VS 0 0 Food Inspectorand another I 0 I eeeRESPONDENTS Z CORAM2 HONBLE MR JUSTICE NlOHlNDER PAL r PRESENT MrSatishChaudhary Advocate oll lor the m lvlrMunishDeswal General Hryanafor therespondenttate 7 Z MOHINDER PAL J This revision has been 8Ied by against the dated 152003 passedbythe Additional Sessions JudgeYamuna Nagarat Jagadhriwherebyappealagainstthe of convictionand sentence order dated16032001 passed bythe AdditionalChief Judicial Magistrat Jagadhriconvictingthe petitioner underSection 166196a9l read with Section 7 of the Prevention of Food AdulterationAct 1954 or short the ActI and hiin to undergo rigorous for a periodof six inonths and to pay a One of Rs10001 in default whereofto undergo furthersimple for a Parkash Om 2012.09.28 15: 39 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 61 v0 CrleRevn NO1602 of2003 2 A 1 period oftwo monthswas dismissed The factsof tlle case in brief are that Oll 151989 Sh Chunni Lal GovernmentFood InspectorChhachhrauli at turning Chhachhrauliwho was having inhis 60 liters ofcows milk in threedruinswhich was meant for 1 publicsale Flle Governinent Food Inspector disclosedhis identityto the and 750 inls of cows inilk for analysis 0 C Rs00 which ultimately was foundadulteratedvide repotloO3xJEI I bythe Public AnalystUltimatelythe was flled againstthe C3 in theCourt Z On the basis of evidence adduced by the 2 accusedwas chargedunder Section 161l6il read with r Section7 ofthe Act He did not pleadguiltyto thechargeand claiinedtrial I otj In support of its case the examined m GovernmentFood InspectorChuni Lal PHl DrNKWadhawan PW2 7 Z Shanna PW3 and Mam ChandPW4 PW Lal Chand was Qm given up bythe being won over bythe accused ln his statementorecordedunderSection313 of the Code of Criminal Procedure Salamudin denied the evidence and pleaded innocence No evidencewas led by the 111 defence I have heardthe leained counsel for the partlesand have gonethrough the recordsofthe case Sampleof cows milk taken by the Governillent Food Inspector from who was found in of60 Iitres of milk was found adulteratedbythe Public AnalystReportof the Public Parkash Om 2012.09.28 15: 39 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 62 CrleRevn NO1602 of2003 3 0 1 Analyst showedthatthe milk fat iil the sample was 4O0Ioand inilk solid not fat was 73Io and thus tllerewas with regard to milk fat in the by 12Io of the minimum standardsThe case hasbeen by the evidenceof Chuni Lal the GovemmentFood PW1 1 DrNCWadhawail 0W2I aild Sllaiilla PW39 The samplewas takenby the GovernmentFood Inspector Chuni tZ Pal 6PWI 111 the presence of Sharlna PW3I The 0 0 witnesseshad 110 enmity with theaccusedto falselyiinplicate I C9 him in this case The evidence by the proved Oll I recordthat thesample ofcows milk nleant for publicsale was seizedfrom Z theaccusedwhich was sent to thePublic AnalystHaryana for 1 analysiswho vide reportExE foundthe same adulteratedas mentioned C above The thus incurred the liabilityof offence I 08 under Section16 1 read with Section70f the Act In fact m learned counsel for the could not seriouslychallengethc 7 Z prosecuttoncase duringthe course of argumentwhich stands proved Otl 0 record As such COllVlCt1011of Salamudinunder Scction read with Section 70f the Act as recordedby both the Courts below 1S maintained However keepingin view the facts and Clrculnstances of the case particularly the fact that Sword of Damocles has remainedhanging over the head of Salainudin for the Iast lllOre than twentyyears as the case relatesto 15101989 and the petitioner hasfaced incarcerationfor 19daysI am ofthe consideredopinionthat ends ofjusticewill be met if the sentence awardedto tlle petitioner is rcduced to the periodalready by hiin and sentenceof Ilne is Parkash Om 2012.09.28 15: 39 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 63 41 CrleRevneNO1602 of2003 4 enhanced to Rs0001 I order by the sentence order The wiIl depositthe amountof fine in the trial Court within a periodof two monthsfrom the dateof receiptof a certitledcopy of this orderNeedless to say if the fails to the diorectionof the ainount of fine of Rs0001 in the trial Court wltllitl the 1 period above the sentence of rigorous as awarded byboth the Courts below shall remain unaltered 0 C With theaboveconditionalmodification in the sentence I C Orderthispetition is dismissed Z March 04 2010 1 Z Jl 1 JUDGE r 06 r 7 Z Qu 1 Parkash Om 2012.09.28 15: 39 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document