KHUSHVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this revision, the petitioner has impugned the judgment passed by the Additional Sessions Judge, Ludhiana dated 16.03.2012, who while accepting the appeal, set aside the order of conviction of the petitioner passed by the Chief Judicial Magistrate, Ludhiana and remanded the case as certain incriminating pieces of evidence and the material were not put to the accused while he was examined under Section 313 Cr.P.C.

(2.) Manoj Khosla, PW1, Government Food Inspector working in the office of Civil Surgeon Ludhiana alongwith one Jatinder Singh, Government Food Inspector inspected the premises of Khushdil Sweets shop on 17.04.2001. The petitioner is proprietor of this shop located in village Gobindgarh. The petitioner was in possession of 10 Kundas of curd each weighing 4 Kgs meant for sale for human consumption. Curd of one kunda was vertically divided and one entire portion was put into dry and clean jug. The contents were made homogenous by churning. After purchasing 750 grams of curd for analysis as sample, the same thereafter was divided into three parts and put into three dry and clean glass bottles, which were sealed. One bottle was sent to the Public Analyst, Punjab, Chandigarh and remaining two samples were deposited with the Local Health Authority on the same date i.e. 17.04.2001. The Public Analyst gave his report Ex. PE and found that sample was deficient in milk fat by 33.0% in milk solids not by 2.0% of the minimum prescribed standards. The contents of the sample, thus, were found adulterated. On the basis of said allegation, Manoj Khosla instituted the complaint against the petitioner alleging that he had violated the provisions of Section 7 and 16 (1) (a) (i) of the Food Adulteration Act.

(3.) On receipt of notice, the petitioner appeared before the Court and requested for testing the second sample from the Central Food Laboratory. His request was accepted and the same was, accordingly, sent. In response thereto, the Central Food Laboratory submitted his report Ex. PG dated 22.10.2001. As per the report, the milk fat content of the sample was less than 6.0% and, therefore, it did not conform to the standards of curd prepared from buffalo milk as per Food Adulteration Rules, 1955.