RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case of the prosecution in brief is that the petitioner was running a store under the name and style Deepak Kariana Store, Batala Road, Verka. On 20.11.1986 at about 1.00 P.M. Dr. V.D. Sharma, Food Inspector along with Dr. M.S. Pannu visited the store. In the store, the petitioner was found in possession of 20 kg of Basin in a gunny bag for public sale. Dr. V.D. Sharma disclosed his identity as Food Inspector and served notice on Form VI Ex. PB to Raj Kumar and took sample of Basin by preparing a memo Ex. PC which was duly attested by Dr. M.S. Pannu and Raj Kumar accused. The sample was divided into three equal parcels packed in cleaned and dry bottles. The bottles were stoppered tightly. After completion of the investigation, the complaint was filed by the Food Inspector. The petitioner was prosecuted under Section 16(1)(a) of the Prevention of Food Adulteration Act (hereinafter called 'the Act').

(2.) TO prove its case the prosecution has examined Dr. V.D. Sharma as PW-1 and Dr. M.S. Pannu as PW-2.

(3.) AFTER hearing the counsel for the petitioner and the Public Prosecutor for the State, the learned magistrate convicted and sentenced the petitioner to undergo RI for six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, the petitioner was further directed to undergo RI for two months, aggrieved by which, the petitioner filed an appeal before the learned Sessions Judge, Amritsar who vide order dated 7.8.1990 confirmed the conviction and sentence awarded by the learned trial Court. Aggrieved by the order of confirmation, this revision petition has been filed.