RAM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON a complaint filed by Dr. Sudesh Gulati, Food -Inspector against Ram Parkash under section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, the accused was convicted by the Chief Judicial Magistrate, Jullundur and was sentenced to one year's rigorous imprisonment and a fine of Rs. 1000/ -. Against the order of his conviction and sentence dated June 14, 1979, Ram Parkash preferred an appeal. The appeal was dismissed on August 21, 1979 by the learned Sessions Judge, Jullundur. Feeling aggrieved, he has now come up in revision.

(2.) THE facts giving rise to the revision are that on July 15, 1975 Dr. Sudesh Gulati Food Inspector, visited the shop of the petitioner and purchased 450 grams of chillies power from him for the purpose of analysis. The chillies powder so purchased was divided into three parts, each one of which was sealed in a separate dry bottle. One of the samples was given to the petitioner and another one was sent to the Public Analyst. The sample sent to the Public Analyst was analysed by him and he found the same insect infested.

(3.) MR . Laxmi Grover, appearing on behalf of the petitioner, has contended that in view of the facts and the circumstances of the case, there is nothing unlikely in the article of food purchased having been got infested with insects after it was purchased and prior to its analysis by the Public Analyst. Chillies power was purchased on July 15, 1975 while the certificate, Exhibit P.C. issued by the Public Analyst is dated August 9, 1975. The sample was taken in the month of July and the certificate was issued in August. In Punjab both these months fall in rainy season. The atmosphere is full of humidity during the rainy season. With the presence of the humidity in the atmosphere, the bottles in which the sample was taken must have contained certain amount of moisture. In that season, articles of food when remained lying for good many days get infested with small insects.