JAGDISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under section 16(1)(a) (i) of the Prevention of Food Adulteration Act (for short the Act), by the Additional Chief Judicial Magistrate, Amritsar and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. The petitioner filed appeal, which was heard by the learned Sessions Judge, Amritsar but met with no success.

(2.) THE case against the petitioner is that on 2.4.1979. Dr. Kirpal Singh (PW1) who was invested with the powers of Food Inspector, visited the shop of the petitioner situated in Green Avenue, Amritsar. He was accompanied by Dr. S.C. Saini (PW2). The petitioner was found in possession of 5 Kgs. of grinded red chillies for sale. After observing the necessary formalities prescribed under the Act and the Rules framed thereunder, Dr. Kirpal Singh purchased 450 grams of grinded red chillies from the petitioner for analysis. He divided the sample into 3 equal parts and put each part into one dry and clean bottle. He converted the bottles into scaled packets in accordance with the prescribed procedure. He sent one bottle, along with memorandum in form VII, having the impression of the seal used, to the Public Analyst. One copy of the said memorandum, with the impression. of the seal used, was sent separately to the Public Analyst. The remaining two bottles were deposited with the Local Health Authority.

(3.) THE prosecution story has been supported by Dr. Kirpal Singh (PW1) and Dr. S.C. Saini (PW2). CW1 Balbir Singh, clerk of the Office of Local Health Authority was examined to prove that letter Ex. PF.