TILAK RAJ Vs. THE STATE

JUDGEMENT

(1.) TILAK Raj, a sweet -meat seller of Majitha, district Amritsar, has been convicted under section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and sentenced to three months' rigorous imprisonment and a fine of Rs. 500/ - in default of payment of fine to undergo further rigorous imprisonment for 2 months. Against his conviction, he has filed the present revision petition.

(2.) ON 8th of January, 1966 at about 12.45 P. M., P. W. 1 Krishan Chand Sharma, Government Food Inspector, Amritsar, alongwith his peon, Mota Singh, went to the shop of the petitioner at Majitha. There he found four kilos of Amartis (a kind of sweet meat) lying at his shop for sale to the public. After giving the required notice in Form VI to the petitioner, P. W. 1 purchased 1500 grams of Amartis from him on payment of Rs. 5/25 as a sample. These Amartis were then divided into three parts and put into separate tins which were duly sealed on the spot. One tin was handed over to the petitioner, the other sent to the Public Analyst in Chandigarh, while the third was deposited in the office of the Chief Medical Officer, Amritsar. The Public Analyst sent his report, Exhibit P D, in which it was mentioned that the sample was coloured with a prohibited yellow coal -tar dye and as such it was not fit for human use. After the receipt of this report, P. W. 1, filed a complaint under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, against the petitioner.

(3.) BOTH the learned Magistrate and the learned Additional Sessions Judge, Amritsar have rejected the defence version and convicted the petitioner as mentioned above.