GURDIP SINGH @ RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this criminal revision, Gurdip Singh petitioner assails his conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short, the Act). The learned Sub-Divisional Judicial Magistrate, Muktsar, sentenced him to one year's rigorous imprisonment and a fine of Rs. 1000/-. On appeal, the learned Additional Sessions Judge, Faridkot, upheld his conviction and sentence. He has now come up in revision.

(2.) THE broad outline of prosecution case is that on 14th May, 1980, Dr. Sat Pal, Govt. Food Inspector, accompanied by Dr. Karnail Singh intercepted the petitioner on Muktsar-Kotkapura road. The petitioner was carrying 10 kgs. of cow's milk in a drum for sale. Dr. Sat Pal purchased 660 Mls. of milk for analysis. After completing the formalities, the sample of milk was later on sent to the Public Analyst, who vide his report, Exhibit P.H., reported that it was deficient in milk solids not fat by 16% of the minimum prescribed standard and hence it was declared to be adulterated.

(3.) AN argument laboured with little persistence by Mr. S.M. Lal Arora in support of the revision petition is that because the sample of milk was found on analysis to have milk fat in excess of the minimum prescribed standard and was marginally deficient milk solids not fat than the minimum prescribed standard, the said variation could be set off against each other and the milk could not be held as adulterated within the definition under the Act. Reliance on behalf of the petitioner was primarily placed on a decision in Jagat Ram v. The State of Haryana, 1981 C.L.R. (P&H) 684. I do not agree with him. There is no gainsaying the fact that the observations in Jagat Ram's case (supra0, lends support to the stand taken on behalf of the petitioner. It is, however, manifest that this is in direct conflict with what has been authoritatively laid down by the Full Bench decision of this Court in State of Punjab v. Teja Singh, 1976 P.L.R. 433. Therein, the specific legal issues which fell for consideration are formulated in the following terms :