JANAK RAJ Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE matter that arises for consideration in this revision petition is whether there has been noncompliance with the provisions of section 13(2) of the Prevention of Food Adulteration Act, (sic) (hereinafter referred to as the Act) and, if so, what is the effect thereof.

(2.) THE relevant facts are that on 13. 5 1977, the Food Inspector Dr. Shivji Ram Garg went to the shop of petitioner Janak Raj The petitioner was found in possession of two dozen bottles of sweet carbonated water for sale Nine such bottles were purchased as sample. On analysis, the Public Analyst found that the sample contained 350 percent of sucrose as against the minimum prescribed standard of 5 per cent. It was on the basis of this report that prosecution under section 7 read with section 16 (1) (a) (i) of the Act was launched culminating in the conviction of the petitioner thereunder and the sentence passed against him being six months' rigorous imprisonment and a fine of Rs. 1,000/ - Before proceeding further it would be relevant to note that section 13 of the Act as it originally stood was amended with effect from 1.4.1976 by Act 34 of 1976 For facility of reference, section 13.(2) as it stood before amendment and the provisions thereof after amendment are reproduced hereunder:

(3.) IT will be seen that a qualitative change was introduced in the provisions of section 13 (2) of the Act by the amendment made therein in 1976. No doubt, section 13 (2) as it stood before its amendment conferred a valuable right upon an accused to get the sample tasted from the Central Food Laboratory but it was, in terms, merely an enabling provision. Now, however, a positive duty has been cast upon the Local food authority to send a copy of the report of the public analyst to the accused and also to inform him that if he desires he may have the sample analysed by the Central Food Laboratory by making an application to the Court in this behalf within ten days of the receipt of the copy of the report. What is, thus, the duty here of the Local (Heath) Authority is a corresponding valuable right conferred upon the accused