CHANAN LAL Vs. STATE

JUDGEMENT

(1.) This Revision is directed against die judgment of an Additional Sessions Judge, up-holding the conviction of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act and the sentence of six months rigous imprisonment and a fine of Rs. 1.000.

(2.) Chanan Lal, petitioner, was found selling Panir on October 12, 1968 at about 9 A.M. in Vegetable Market, Subzimandi, Delhi. Shri S. L. Mehra, Food Inspector, after disclosing his identity purchased 600 grams of the same as sample for analysis on payment of its requisite price. It was cut into small pieces and divided in three equal parts and was put in three dry and clean bottles. After putting the requisite drops of formalin in each bottle, the same were duly sealed. Exhibits P-A, P-B and P-C are the documents which were prepared at the spot in relation to the taking of sample. The petitioner signed and also put his thumb impression on these documents. The Food Inspector handed over one scaled bottle to the petitioner, sent the second bottle to the Public Analyst and retained the third bottle, according 'to the rules. The Public Analyst vide his report Exh. P-E reported that the sample was adulterated due to 29.8 deficiency in milk fat percent of the dry matter. The Delhi Municipal Corporation, thereafter, lodged a complaint under Section 7/16 of the Prevention of Food Adulteration Act against the petitioner.

(3.) The defence of the petitioner, as disclosed in his statement under Section 342 Criminal Procedure Code . was that though the sample was taken from him for analysis and he signed the various documents prepared at the spot, however, the sample was not taken properly and no preservative was added in the bottles.