SARWAN SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) This revision petition has been directed against the judgment and order dated 18-5-1990, passed by the learned JMIC, Dhuri, whereby the petitioner was convicted under Section 16 of The Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and was sentenced to undergo RI for six months and to pay fine of Rs. 1000/- in default whereof to undergo further RI for one month, as well as against the judgment dated 22-2-1992, passed by the learned Sessions Judge, Sangrur, whereby the petitioner's appeal against the above mentioned judgment and order dated 18-5-1990 was dismissed.

(2.) On March 24, 1988 at 10.30 a.m. Dr. Pardeep Kumar (the complainant) along with Dr. Surjit Singh was present near Sherpur-Dhuri bye-pass. They intercepted the petitioner when he was coming on bicycle with a drum containing 50 liters of mixed milk for sale for human consumption. After disclosing his identity as Food Inspector, Dr. Pardeep Kumar served the petitioner with a notice (Exhibit PA) and purchased 750 mililiters of mixed milk after making the same homogenous in the presence of witness. The sample was divided into three equal parts and each part was put into separate dry and clean bottles. The samples were sealed as per the prescribed procedure and were taken into possession vide memo Ex. PC, also duly attested by Dr. Surjit Singh. The sealed samples were sent to the Public Analyst and upon receipt of his report Ex. PD, in terms whereof the sample was found to be substandard being deficient in milk solids, not fat by 15%, that the complaint in question was instituted. A copy of the report of the Public Analyst was also sent to the petitioner. The petitioner was summoned and thereafter vide order dated 15-9-1989, he was charge-sheeted for having violated the provisions of Section 7 of the Act.

(3.) In support of the charge against the petitioner, the complainant-Food Inspector stepped into the witness box (P.W. 1) and also examined Sri Krishan (P.W. 2) and Dr. Surjit Singh (P.W. 3) apart from relying upon the documents including the report of the Public Analyst (Ex. PD). The petitioner also led his defence evidence and examined Deepa (D.W. 1) and Jaspal Singh (D.W. 2).