SABU RAM Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition for revision involves the interpretation of Sub -section (2) of Section 13 of the Prevention of Food Adulteration Act, 1954 ( hereinafter referred to as the Act) and has arisen in the following circumstances. A quantity of milk was purchased from the Petitioner by a Food Inspector at Abohar on the 22nd of February, 1968. It was divided into three parts, each of which was separately sealed. One of these parts, when analysed by the Public Analyst, was found deficient in milk solids not tat to the extent of 19 per cent. A complaint for an offence under Section 7 read with Section 16 of the Act was instituted against the Petitioner on the 29th of May, 1968, although it appears to have been drafted on the 16th of May, 1958, which date it bears. The Petitioner appeared before the trial Court on the 6th of July, 1968, but the proceedings were adjourned. When the case was taken up on the 29th of August, 1968, the Petitioner made an application to the trial Court praying that the sealed bottle handed over to him by the Food Inspector be sent to the Director. Central Food, Laboratory, Calcutta (hereinafter to be called the Director) for his report on the analysis of its contents. Notice of the application was given to the Food Inspector for the 31st of August, 1968, and in the meantime the Petitioner deposited the requisite fee of Rs 40/ into the Treasury. On the date fixed the trial Court refused to accept the application with the following order:

(2.) THE recommendation just above set out, in my opinion, merits acceptance. Sub -section (2) of Section 13 of the Act runs thus:

(3.) FOR the reasons stated, I accept the recommendation made by the learned Additional Sessions Judge, set aside the impugned order and direct the trial Court to have the sample sent in accordance with the application dated the 29th of August, 1938, above -mentioned.