HARI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARI Chand petitioner, was convicted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short the Act) and sentenced to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 1000/- by the Sub-Divisional Magistrate, Muktsar. He unsuccessfully appealed to the learned Additional Sessions Judge, Faridkot. He has now filed this revision petition.

(2.) THE prosecution story in brief is that on 30th August, 1980 at about 9.30 a.m. PW1 Dr. Tirath Goel, who was posted as Medical Officer, Civil Dispensary, Faridkot, and was invested with the powers of a Food Inspector, intercepted the petitioner in the presence of PW3 Dr. Ghansham Sharma, near the Civil Hospital, Muktsar. The petitioner was found carrying cow milk. Dr. Tirath Goel disclosed his identity to the petitioner and purchased 660 mls. of cow milk from after stirring the contents of the drum. He divided the sample into three equal parts and separately put each part in one neat, clean and dry bottle. He added 18 drops of formaline in each bottle as preservative. The bottles were then stoppered, wrapped and levelled in the manner prescribed under the Act and Rules framed thereunder. Usual memos were also prepared. One sealed bottle was sent to the Public Analyst, Jallundar, in accordance with the Rules. The Public Analyst vide his report, Exhibit PF opined that the contents of the sample were deficient in milk-solids-not-fat by 8 per cent of the minimum prescribed standard. Thereupon Dr. Tirath Goel filed complaint, Exhibit PG in court for prosecution of the petitioner.

(3.) THE accused when examined under section 313, Criminal Procedure Code, stated that he was not a milk-vendor nor the sample was taken from him. His plea was that on the day in question he had gone to the Civil Hospital to take some medicines and there his signatures were obtained by Dr. Tirath Goel on some papers.