GULSHAN RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was found by the Food Inspector to be exhibiting Atta (wheat flour) for sale on 17 -8 -1979 at his shop. The petitioner, however, claimed that the shop did not belong to him but was that of his brother. All the same the requisite samples were purchased by the Food Inspector and put in equal parts in dry and clean bottles, duly sealed, labelled and stoppered in accordance with the rules. The Public Analyst examined the contents of the sample sent to him on 6th of September, 1979, i.e. after 19 days. He found therein moisture to the point of 10.70 percent and alcoholic acidity 0.244 percent against the maximum prescribed standard of 0.18 percent. Besides, he found the sample to contain one hundred and forty living and dead insects. It is on he analysis he opined that the contents of the sample were unfit for human consumption.

(2.) THE learned counsel for the petitioner has raised a number of points, but the one which tilts the balance in his favour need be taken notice of. As said before the sample was taken on 17 -8 -1979, at Kapurthala, during the rainy season, when there is plenty of humidity. Even the report of the Public Analyst confirms it that there was moisture in the sample to the extent of 10.70 percent. In such moistened wheat flour insects could have drawn of their own and to have died their natural death therein. It could have easily grown in this span of 19 days when the sample remained unpacked and those insects could have died as well during that period the Public Analyst has nowhere categorised those insects and has also not mentioned their normal life span. It is not worthy that at the time of the taking of the sample no preservation was added. Equally no date is available as to whether moistened wheat flour, if kept in water -tight container, would create alcoholic acidity. Thus, on this scanty material it would not be safe to maintain the conviction of the petitioner. In somewhat similar circumstances this Court in Om Parkash v. The State of Punjab, 1981 C.L.R. 220, acquitted the accused when the wheat flour recovered from him was found to be insect infested on the 24th day of its recovery. Being in respectful agreement of that view I have followed it in other case and would do so in present one as well.

(3.) FOR the forgoing reasons, this petition is allowed, the accused is acquitted of the charge extending to him the benefit of doubt. Petition allowed.