SHAM LALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MR. K. S. Nalwa appearing for petitioner, at the outset, states that he will not contest the conviction recorded by the learned trial court and affirmed by lower appellate court. He further states that his prayer is that since a period of 22 years has elapsed from the day of occurrence, petitioner be released on probation, particularly when he was sentenced to only six months rigorous imprisonment and has undergone 9 days of his sentence.

(2.) BRIEFLY stated, petitioner was running a shop at Kohara Road, Sahnewal. In his shop, there were 70 kgs of chilly powder lying in a bag. Mr. K. K. Mehra, Food Inspector took possession of 600 gms of chillies and the sample was prepared in accordance with the provisions of the Act. Samples were taken on 22nd August, 1986. Samples were sent to the Public Analyst, Punjab, chandigarh. He opined that the sample contained foreign starch and non-permitted oil soluble coaltar dye of red shade as an admixture and therefore, sample was not in conformity with the minimum standard prescribed under the Prevention of Food Adulteration Act. Petitioner was not satisfied and sought that the sample be got tested from the Director, Central Food Laboratory. Accordingly, sample was sent to Director, central Food Laboratory, Mysore, who, vide his report dated 18th June, 1987 opined that the moisture content exceeded maximum specified limit of 12 per cent weight and total ash content was exceeding the maximum specified limit of 8 per cent by weight.

(3.) IT is not disputed that report of the central Food Laboratory will supersede the report of Public Analyst. Comparison of the two reports can also be construed as a mitigating circumstance, in favour of the peti tioner on a question of sentence, as kind of adulteration, which can be. imputed to the petitioner, stood diluted by the report of the central Food Laboratory, Mysore.