SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 19.1.1984 Government Food Inspector Mahant Lal, while accompanied by Dr. S.K. Sharma and one Prem Chand of village Salwan intercepted Surjit Singh who carrying 20 kilograms of cows Milk on his cycle in a drum which was meant for sale. The Government Food Inspector disclosed his identity and purchased 600 militres of milk for analysis, which was divided into three parts and was duly sealed in three dry and clean bottles one sealed bottle was sent to the Public Analyst for analysis, who vide his report Ex. PD found that the milk was deficient to the extent of 18% in its milk solids not fat contents and was thus adulterated. The petitioner Surjit Singh was then tried for an offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by Chief Judicial Magistrate, Karnal, who vide judgment dated 16.7.86 held him guilty and sentenced him to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 100/-. In default of payment of fine the petitioner was to further undergo rigorous imprisonment for three months. On appeal the conviction and sentence were maintained by the additional Sessions Judge, Karnal. hence the present revision petition for setting aside the conviction and sentence.

(2.) I have heard the learned counsel for the parties.

(3.) IN the instant case a perusal of the statement of the petitioner under section 313 Cr.P.C. shows that the question put to him was :-