INDER BIR SINGH Vs. THE STATE

JUDGEMENT

(1.) INDER Bir Singh petitioner was convicted for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (Act for short) and was sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 1000/- by Shri R.C. Sharma, Judicial Magistrate 1st Class, Chandigarh. In default of payment of fine be was further awarded rigorous imprisonment for two months and his appeal against conviction and sentence was dismissed by Shri M.K. Bansal, Additional Sessions Judge, Chandigarh vide judgment dated 29-5-1984.

(2.) THE brief facts of the case are that on 6-4-1984 at about 11.00 A.M. Shri Balbir Singh, Food Inspector visited the premises of the petitioner situated in Sector 20 D Chandigarh and found him in possession of 10 kilograms of toned milk for sale. After disclosing his identity and serving notice on the petitioner the Food inspector purchased 700 militres of milk on payment of Rs. 2.50 vide receipt Ex. PB. The purchased milk was sealed in three dry and clean bottles as per rules after formal in was added. One sealed bottle was sent to the Public Analyst for analysis and the other two bottles were deposited with the Local Health Authority. The Public Analyst submitted his report Ex. PD to the effect that fat contents of the sample were 2 per cent as against 3 per cent and the milk was adulterated.

(3.) IT was argued on behalf of the petitioner that the petitioner was not running a tea stall nor he sold milk. Rather he was running a restaurant where only food articles were sold. The restaurant was being run in a shop-cum-flat. The upper portion of the flat was. used for residential purposes. The petitioner was having only three kilograms of milk which was lying in the kitchen on the back side of the restaurant. The milk was kept for use in the house as father of the petitioner was suffering from high blood pressure and was under treatment. The doctor had prescribed double toned milk for him.