BALMUKAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JUDGMENT dated 26/11/1994 passed by Additional Sessions Judge, rupnagar dismissing the appeal of balmukand (hereinafter referred to as the petitioner) against the judgment dated 5/7/1993 passed by Sub-Divisional Judicial magistrate, Kharar convicting him under Section 16 (l) (a) (i) of the Prevention of Food adulteration Act, 1954 (hereinafter referred to as the Act) has been assailed by way of this petition.

(2.) THE prime question raised by the counsel for the petitioner in this case is, whether the Paper Chromatography Test, in order to detect the non-permitted colouring material was a sure test and whether such report in case of sample of Badana could be treated as sufficient to maintain the conviction of the accused.

(3.) THE brief facts, essential for disposal of the petition are that on 26-3-1991 at 3. 25 p. m. Manoj Kumar, Food Inspector along with other officials by reaching Bus Stand, kharar purchased 900 grams of Badana against Rs. 18/ -. After issuing a notice in form No. VI, as prescribed under the Rules, the contents of the sample were made homogenous and, thereafter, separated into three equal portions, each portion was put in three dry clean glass bottles; the paper slips bearing the code and signatures of local Health Authority were pasted on the wrappers on each part of the sample lengthwise covering the mouth and bottom of the sample and joining its ends. After completing the formalities, sample was first sent to public Analyst, Punjab, Jallandhar, and thereafter, to Central Food Laboratory, mysore, which vide its report Ex. PK dated 12-6-1999 found to be adulterated. The relevant part of the report is reproduced below:- <FRM>JUDGEMENT_1084_CRLJ_2008Html1.htm</FRM>