JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A sample of Amchoor Sabat, made from the peels of unripe mangoes, was taken from the appellant's shop on October 3, 1970. Three days later the analyst found that the sample was "insect infested." He did not mention in his report the extent of insect infestation but he stated that 23.8 per cent of the pieces of Amchoor Sabat were insect infested. The report did not mention that any living or dead insects were discovered in any part of the sample.

(2.) The case was fixed for arguments in the trial court on Aug. 5, 1971. On August 17, the prosecution applied to the learned trial Judge under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 asking that the sample should be sent to the Director of Central Food Laboratory for analysis. The sample was accordingly sent to the Director on August 23, who reported on September 1, 1971 that the sample was 'highly insect infested'.

(3.) The learned trial Judge convicted the appellant by his judgment dated November 26, 1971 but in appeal the appellant was acquitted by the learned Additional Sessions Judge by a judgment dated February 10, 1972 on the ground mainly that the sample was not stated to be unfit for human consumption and secondly, that there was no evidence on the record to show as to what was the state of the sample on the date on which it was taken, that is to say, on October 3, 1970. The Municipal Corporation of Delhi filed an appeal in the High Court of Delhi against the judgment of the learned Additional Sessions Judge. The High Court set aside that judgment and restored that of the trial court under which the appellant was sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 1,000/-. Being aggrieved, the appellant has filed this appeal by special leave.