RAM SARUP TARA CHAND CONVICT Vs. STATE

JUDGEMENT

(1.) PETITIONER Ram Sarup was running a grocer's shop at Dharamsala. On the 10th June, 1963, H. R. Khanna Food Inspector went to his shop at about 3-30 p. m. and purchased 450 grams of desi ghee in the presence of Udo Ram his peon and Amritsaria Ram another person running shop close to the shop of the petitioner after paying him the price. The ghee in question was divided into three price. The sealed into three separate bottles. One of these bottles was sent to the public analyst who reported that the ghee was adulterated because butyro-refractometer reading of the sample-ghee was in excess by 1-2 as it gave the reading of 44. 2. The reichert value was 2. 6 less than the prescribed minimum.

(2.) ON the above facts a report against the petitioner was lodged. He was tried under section 16 (1) (a) (i) of the Presentation of Food Adulteration Act 1954 and sentenced to six months rigorous imprisonment besides a fine of Rs. 500/- or in default of its payment to further rigorous imprisonment for three months. The petitioner went up in appeal which was dismissed by Shri R. S. Bindra Sessions Judge Hoshiarpur of Dharamsala but the sentence was reduced to a fine of Rs. 200/- and in default of payment of the fine he was to suffer rigorous imprisonment for two months vide his order dated 22nd January, 1964, out of which this revision petition has arisen.

(3.) LEARNED counsel for the petitioner raised a number of points for my consideration. One of those points was that the provisions of section 10 (7) of the act were not complied with which were obligatory, The sub-section runs as under:-