AMRIT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIT Lal Petitioner runs a Karyana shop in Ferozepur City. On 27th November, 1980 P.W. 1 Dr. K. N. Bubber who in those days was exercising the powers of Food Inspector, accompanied by Dr. Raghu Nath Sahai and Hub Lal, Peon, (P.W.3), inspected usual formalities prescribed under the Prevention of Food Adulteration Act, 1954 (for short the Act) and the Prevention of Food Adulteration Rules, 1955 (for short the Rules), the Food Inspector purchased 450 grams of Saunf from the petitioner against payment. He divided the quantity of Saunf so purchased into three equal parts and each part was separately put in one clean and dry bottle. The bottles were steppered, labeled and sealed in the manner provided under the Act and the Rules. He also prepared usual memos at the spot. One part of the sample along with Form VII was sent to the Public Analyst, Chandigarh, through a special messenger. A copy of Form VII was also sent separately to the Public Analyst through the same messenger. The Public Analyst vide report Exhibit PF found 4 living and 8 dead insects and one excrete in the sample. He opined that the contents were unfit for human consumption. The petitioner exercised his rights under section 13 (2) of the Act and got the second part of the sample sent to Central Food Laboratory, whose Director, vide report Exhibit PJ, found 5 dead insects in the sample. The analysis further revealed :-

(2.) THE accused when examined under section 313, Criminal Procedure Code, denied the prosecution allegations and pleaded that he was a petty shop-keeper and dealt in cattle feed and general merchandise. He further pleaded that he used to purchase goods from whole-sale dealers and Saunf was such a commodity that it gets insect infested within a very short period which fact cannot be detected except with the help of microscope.

(3.) THE learned counsel for the petitioner argued that except for the presence of five dead insects in the sample the constituents of the sample were present in the quantities within the prescribed limits of variability. This argument has force. Clause A.05.11 of item No.A.05 titled Spices and Condiments of the Appendix B of the Rules reads as follows :-