MEWA SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) AN apparent conflict of precedent in the context of the antisocial offences under the Prevention of Food Adulteration Act has necessitated the hearing of this revision petition by the Division Bench.

(2.) IT is unnecessary to delineate the facts in any great detail, The petitioner was found in possession of 20 kg. of Cow's milk for sale in a drum where from a sample was duly taken by the Food Inspector which on subsequent analysis was found to be below the standard prescribed under the Prevention of Food Adulteration Act, hereinafter called the Act. Thereafter the petitioner was brought to trial before the Judicial Magistrate, 1st Class, Chandigarh, and having been convicted under Section 16 (1) (a) (i) of the Act was sentenced to two years' rigorous imprisonment and a fine of Rs. 2,000/ -.

(3.) ON appeal the learned Sessions Judge, Chandigarh, in a judgment remarkable both for its exhaustiveness and lucidity noticed an apparent conflict in Hans Raj v. State of Punjab (1980) 2 FAC 396 and Jagat Ram v. State of Haryana 1981 Chand LR (Cri) 684 as against the one in State of Punjab v. Teja Singh (1976) 78 Pun LR 133 : 1976 Cri LJ 1648 (FB ). Preferring to follow the rule laid down in Teja Singh's case the conviction and sentence were upheld and the revision petition dismissed. In view of the divergence of judicial opinion, the revision petition has been directed to be heard by a Division Bench.