KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kashmiri Lal, the present petitioner, was convicted under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short the Act) by the learned Judicial Magistrate 1st Class, Muktsar and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-. Rigorous imprisonment for three months in default of payment of fine was also awarded. It may be mentioned here that the learned Magistrate had convicted the petitioner for mis-branding as well as for the presence of Tsuspended matter in the sample bottles of sweetened carbonated water. The petitioner preferred an appeal which was heard by learned Additional Sessions Judge, Faridkot. He set aside the conviction and sentence of the petitioner for mis-branding. However, as only one conviction and sentence was recorded by the learned trial court against the petitioner, his conviction and sentence under Section 7 read with Section 16(1)(a)(i) of the Act was maintained. The petitioner has now filed this revision petition.

(2.) The prosecution story as gathered from the evidence is that on 4th May, 1979, P.W. 1 Dr. Sham Lal Chalana, who in those days was invested with the powers of Food Inspector, accompanied by P.W. 3 Dr. Han Om Goyal visited the premises of the Sodawater factory of the petitioner situated at Muktsar. At that time, he was found in possession of 240 bottles of sweetened aerated water (Lemon) for sale. After disclosing his identity, Dr. Sham Lal Chalana purchased 9 bottles of sweetened aerated water from the petitioner against payment of Rs. 13.15. He divided the purchased bottles in three parts, each containing three bottles. He complied with the other provisions about labelling, sealing and corking each part. One of the parts of the sample was sent to the Public Analyst, who vide report Exhibit P. D. declared the result of his analysis as under ;- Physical Appearance: Colourless contents in three bottles, one marked cocacola with crown cork marked TCampa Cola second marked coke' with crown cork marked Soda special and third plain bottle with crown cork marked Campa Cola Suspended matter present in all the three bottles. Sachharin = Negative Dulcin= Negative Sucrose=Positive 12.33% Added Colour=Appears to have no added colour Cyclamate=Negative and am of the opinion that the analytical data of the contents is within the specification laid down for sweetened carbonated water, but the contents are filled in coca cola coke and plain bottle with crown corks described above, Suspended matter present in all the three bottles.

(3.) On receipt of the report of the Public Analyst, the Food Inspector launched the prosecution against the petitioner.