GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDIAL Singh has filed this criminal revision against the judgment dated May 24, 1986 of Additional Sessions Judge, Hoshiarpur whereby his conviction and sentence were maintained for a charge under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and his appeal was dismissed. The petitioner was sentenced to undergo simple imprisonment for a period of six months as also to pay a fine in the sum of Rs. 1000/- and in default of payment of fine to further undergo simple imprisonment for a period of three months by Judicial Magistrate, Ist Class, Dasuya vide his judgment dated November 6, 1985.

(2.) THE complaint against the petitioner was that on September 25, 1984 Government Food Inspector together with Dr. Dewan Chand, Jatinder Mal and Sanitary Inspector Harbhajan Singh intercepted the petitioner in the area of New Market, Tanda when he was found carrying a drum on his cycle which contained about 11 kilograms of buffalo milk meant for public sale. After serving the requisite notice he purchased 660 mls of milk for analysis on payment of Rs. 2/-. The milk so purchased was divided into three equal parts and was sealed into three dry and clean bottles as per rules. One of the these sealed sample bottles was sent in a sealed parcel through Chaman Lal PW- to the Public Analyst, Punjab, Chandigarh and the other two bottles were deposited in the office of Local Health Authority, Hoshiarpur. The Public Analyst analysed the contents of the sample and reported that the sample was deficient in milk fat by 63% and in solids not fat by 21% of the minimum prescribed standard. The petitioner was then tried for the offence and was convicted and sentenced as mentioned above.

(3.) I have heard the counsel for the parties and have perused the record.