VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, Vijay Kumar, runs a sweetmeat shop in a village called Baba Bakala in Punjab. On June 10, 1968 the Food Inspector, Amritsar, took a sample from the Elachi Dana which was kept for sale by the appellant. The report of the Public Analyst shows that the sample was infested with insects to the extent of 9.7 per cent and the volatile oil content thereof was .5 per cent instead of 1 per cent.

(2.) On these facts the learned Judicial Magistrate, 1st Class, Amritsar convicted the appellant under Section 16(1)(a)(i) of the Prevention Food Adulteration Act, 1954 and sentenced him to rigorous imprisonment for six months and a fine of Rs. 1000/-. The order of conviction and sentence was confirmed in appeal by the learned Additional Sessions Judge, Amritsar and the appeal against that judgment was dismissed summarily by the High Court of Punjab and Haryana. This Court granted to the appellant special leave to appeal from the judgment of the High Court.

(3.) In his statement under Section 342, Code of Criminal Procedure, the appellant admitted that he was in possession of the Elachi Dana for purposes of sale but he disputed that the Elachi Dana was insect-infested or that its volatile oil content was deficient.