JANG BAHADUR Vs. STATE, U T CHANDIGARH

JUDGEMENT

(1.) This revision has been filed by one Jang Bahadur, who has been convicted under Section 7 with Section 16 of the Prevention of Food Adulteration Act (for short, the Act) and sentenced to undergo rigorous imprisonment for one year and a fine Rs. 1000/- by the Judicial Magistrate Ist Class Chandigarh. On appeal, the learned Additional Sessions Judge, Chandigarh, upheld his conviction but reduced his sentence of imprisonment to 6 months, while maintaining his sentence of fine, with its default clause. He has now come up in revision.

(2.) According to the prosecution case, on 6.2.1978, Mr. M.K. Sharma Government Food Inspector purchased for analysis 600 grams of mustard oil from the petitioner at his Karyana shop No. 15, Section 23, Chandigarh in the presence of Sohan Lal, out of total stock of 15 kgs., kept by him for sale, on payment of price against receipt, Exhibit P.B. After completing the formalities, the sample was sent to the Public Analyst, who subsequently found the same to be adulterated.

(3.) The learned Judicial Magistrate relied on the prosecution evidence and found that the petitioner was guilty of the offence under Section 7 read with Section 16 of the Act. In the revision before me, it is contended that the petitioner was greatly prejudiced by his improper examination under Section 313, Criminal Procedure Code. The question that was put to the petitioner regarding adulteration was as follows :-