TILAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurvinder Singh Gill J. - The petitioner assails judgment dated 3.9.2010 passed by learned Additional Sessions Judge, Kapurthala, whereby his appeal against Trial Court's judgment dated 22.8.2006 challenging his conviction under Section 7(ii) punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as PFA Act), has been dismissed.

(2.) The facts, necessary to notice for disposal to this revision petition, are that on 29.3.2001, the Government Food Inspector(hereinafter referred to as GFI) inspected premises of the petitioner who was found in possession of five packets of 'Dhara' double filtered mustard oil (each containing one litre). The Food Inspector, after issuing requisite notice in terms of Form-VI purchased three packets of mustard oil. One of the packets of the aforesaid mustard oil was sent to Public Analyst for its chemical examination and upon receipt of report Ex.PF, a complaint was filed against the accused in the Court of SDJM, Kapurthala on 21.8.2001 for having committed offence under Section 7(ii) of PFA Act.

(3.) The prosecution, in order to establish its case examined the complainant Paramjit Singh as PW-1 and also examined PW-2 Jaswant Singh and PW-3 Avtar Singh. The learned Trial Court upon appreciating the evidence held the accused guilty of having committed offence under Section 7(ii) punishable under Section 16(1)(a)(i) of the PFA Act and sentenced him to undergo rigorous imprisonment for six months and also imposed a fine of L 1,000/- vide judgment dated 22.8.2006. The appeal filed by the accused challenging aforesaid judgment was dismissed by the learned Additional Sessions Judge, Kapurthala vide judgment dated 3.9.2010. Aggrieved with the same, the accused has filed the present revision petition.