JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 26.07.1995, dismissing the appeal of the petitioner against the judgment dated 19.07.1993, passed by Sub Divisional Judicial Magistrate, Kharar, convicting him under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, and sentencing him to undergo RI for 6 months and to pay fine of Rs. 1000/-.

(2.) ON 19.04.1991, at about 8 a.m. Manoj Kumar Food Inspector, intercepted Jarnail Singh, who was carrying 50 kg of milk for sale. After stirring the milk in the drum, he purchased 750 ml of cow's milk for a sum of Rs. 3.74 from him. Notice in form No. VI as prescribed was also served. Thereafter, the sample milk was also stirred and made homogeneous. Then said milk sample was put in three dry and clean bottles in equal quantity. 20 drops of formaline were added in each bottle as preservative and the bottles were stoppered tightly and wrapped in a paper separately. Signatory chit issued by the Local Health Authority was pasted on the wrapper of each part of the sample. Signatures of the witnesses were also obtained on each part of the sample. The sample was sent to the public Analyst, who vide his report Ex. PG observed as under:

(3.) AS regards the first argument that having followed a procedure of a warrant case, the trial has been rendered as void ab initio whereas it should have been tried as summons case. Having given my thoughtful consideration to these contentions, I do not find merit in the same. The irregularity as committed by the trial Court has not caused any prejudice to the accused rather the sufficient opportunity has been given to the accused to explain his case, therefore, the defect in procedure was curable under Section 465 of the Code of Criminal Procedure. The trial Court has rightly placed reliance upon the judgment in case Subhash Chand v. State of Haryana 1991 Crl.L.J. 2481 which is based on Apex Court judgment in case Gopal Dass v. State of Assam. AIR 1961 SC 986 wherein it was observed as under :