INDER BHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this criminal revision, Inder Bhan petitioner assails his conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration ion Act, 1954 (for short, the Act). The learned Additional Chief Judicial Magistrate, Hoshiarpur, vide his order dated February 23, 1982, sentenced him to 1 -1/2 years rigorous imprisonment and a fine of Rs. 2000/ -. On appeal, the learned Additional Sessions Judge, Hoshiarpur, upheld his conviction but reduced his sentence of imprisonment to 6 months and the fine. to Rs. 1000/ -

(2.) THE broad outline of the prosecution case is that on November 21, 1980, Dr. B.M. Bhargava, Senior Medical Officer, Primary Health Centre, Posi, vested with the powers of Food Inspector under the Act, accompanied by Dr. S. K. Tiwari, Medical Officer, Posi visited the shop of the petitioner at Mahilpur and purchased 450 grams of mithi saunf for analysis on payment of Rs. 5. 40 P. the sample sent to the public Analyst was found to contain 20 living and dead insects and as such the contents were found to be unfit for human consumption.

(3.) THE case against the petitioner rests primarily on the testimony of Dr. B. M. Bhargava, P.W. I Onkar Singh, P.W. 2 and Mangat Ram, P.W. 3. The accused denied the prosecution allegations and pleaded false complicity in the case. Avinash Chander was examined by him in defence.