KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Revision No. 98 of 1986 Kashmiri Lal v. State of Punjab and Criminal Revision No. 461 of 1991 Court on its own motion v. Setia Trading Company.

(2.) THE brief facts giving rise to these revision petitions are that on 27th July, 1987 Doctor Narinder Mohan, Block Health Officer, Kasuana in his capacity as Government Food Inspector inspected the shop of Kashmiri Lal petitioner at Kot Ise Khan in the presence of Doctor Harbans Lal Garg, Krishan Lal and Bal Krishan P. Ws. Kashmiri Lal was found having in his possession about 15 Kilograms of Darbar vanaspati ghee contained in a tin, which was for sale. The Food Inspector purchased 1. 5 Kilograms of ghee for analysis which was duly sealed into three dry and clean bottles. One sealed bottle was sent to the Public Analyst Punjab who after analysis submitted his report Ex. PD to the effect that the sample contained free fatty acid as oleic acid 0. 32% against minimum prescribed standard of 0. 25% and was thus adulterated. On receipt of report of the Public Analyst, a complaint was filed against Kashmiri Lal for an offence under Section 16 (1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act (the Act for short ). After trial the petitioner was held guilty and was sentenced to undergo Rigorous Imprisonment for six months and to pay fine of Rs. 1000/- vide judgment dated 22-12-1984 rendered by Judicial Magistrate 1st Class, Zira. Aggrieved by this judgment Kashmiri Lal preferred an appeal which was dismissed by Shri O. P. Goel, the learned Additional Sessions Judge, Ferozepur on 13th January, 1986. Revision Petition No. 98 referred above was filed by Kashmiri Lal assailing his conviction and sentence.

(3.) THE petitioner alleged that the sample was seized by the Food Inspector from a sealed tin which was purchased by him from M/s. Setia Trading Company under a warranty Ex-DA and no offence was committed by him.