BAL KISHAN Vs. STATE

JUDGEMENT

(1.) Departing from the normal procedure in dealing with Criminal Revision Petitions at the admission stage I have heard the counsel in detail.

(2.) The first contention raised by him is that the conviction of the petitioner by the courts below under the Prevention of Food Adulteration Act is illegal for the reason that the quantity of turmeric powder in fact purchased was not 450 grams but 400 grams. The arguments pro. ceeds to assert that in case it is found that 400 grams had been purchased, then dividing the sample into three parts the requisite quantity meant for analysis could not have been furnished by the food Inspector either to the Public Analyst or the Director of Central Food Laboratory, Calcutta. I have seen Exhibit P.C. That document came into being at the actual time of purchase. It is specifically stated therein that the quantity purchased was 450 grams. While making the purchase the Food Inspector H.C. Saini allowed the present petitioner to write anything he wanted by way of protest on document Exhibit P.C. The only protest recorded was to the effect that the petitioner was the servant and not the proprietor. If instead of 450 grams of Haldi (turmeric powder) 400 grams had been purchased there was an occasion for the petitioner to write on the face of Exhibit P.C. that what was stated in the body of the document regarding the quantity purchased was incorrect and that in fact he had sold 400 grams of Haldi.

(3.) I have also gone through the evidence of Public Witness PWs. 1 and 4, which has been read out to me by the learned counsel Public Witness . 1 H.C. Saini was the Food Inspector, who lifted the sample. He stated in his examination- in-chief that he had purchased 450 grams of Haldi (turmeric powder). It is significant that he was not at all cross-examined and it was never sug- gested to him that the purchase made by him from the petitioner in the presence of Public Witness . 4 Balwant Singh was of a quantity of 400 grams of Haldi (turmeric powder) and not of 450 grams.