BACHAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BACHAN Ram, petitioner, was convicted by Shri HR. Nauhria, Addl. Chief Judicial Magistrate, Patiala under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000/- or in default of payment of fine to further undergo rigorous imprisonment for three months. His appeal was dismissed by Additional Sessions Judge, Patiala vide his order dated 7th February, 1986. Feeling aggrieved, he has filed this revision.

(2.) THE prosecution case is that on 19th November, 1981, Gurdial Singh, Food Inspector, intercepted Bachna Ram at 7.40 a.m. at Patiala-Sirhind Road, Near Industrial Estate, Patiala. At that time, the petitioner was carrying 25 kgs. of cow milk for sale. Sample of the milk was taken and sent to Public Analyst Punjab for analysis who reported that the sample milk contained milk fat 4.5% and milk solid not fat 7.1% and that it was deficient in milk solids not fat by 16% of the minimum prescribed; although the milk fat was in excess thereof.

(3.) IN somewhat similar circumstances, the Supreme Court in Braham Dass v. State of Himachal Pradesh, 1988(2) Recent Criminal Reports 184 : AIR 1988 SC 1789 held that it was not appropriate that the accused must complete the whole sentence. Their Lordships observed :