SUBHASH CHAND BAGGA Vs. STATE

JUDGEMENT

(1.) Impugned order of 2nd January, 2006 upholds petitioner's conviction for offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 but reduces the substantive sentence imposed to rigorous imprisonment for six months while enhancing the fine to Rs. 15,000/- with default clause. The sample of paneer drawn on 22nd March, 1994 from petitioner's shop did not confirm to the prescribed standard, as it fell short of milk fat i.e. the milk fat found in the sample of paneer was 47.32%, whereas it ought to have been 50%.

(2.) The grievance made by petitioner's counsel is that the Public Analyst Report is of 12th April, 1994 but it was sent to petitioner only on 7th October, 1994 vide acknowledgement (Ex.PW1/C).

(3.) Learned Additional Public Prosecutor for respondent-State points out that the Public Analyst Report was sent at petitioner's address vide acknowledgement of 29th June, 1994 (Ex. PW1/D) but it was received back undelivered with the report that petitioner was not found to be residing at the given address.