LEKH RAI Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THE revision petitioner was convicted by the trial Court for an offence under Section 7 (1) read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (the Act in short) and sentenced to undergo rigorous imprisonment for six months besides to pay a fine of Rs. 1,000/- or in default thereof to further suffer RI for four months. The appeal filed by the petitioner before the Additional Sessions Judge Chandigarh, was dismissed. Still feeling aggrieved against the said order of conviction and sentence, he has come up in revision.

(2.) BRIEF facts relevant for the disposal of this revision are that on 22-10-1984, at about 2.50 p.m., Government Food Inspector Balbir Singh (PW 1) took a sample of tonned milk from a 'Patila' containing 10 kg of milk, from the tea stall of the petitioner and duly scaled it. The sample was sent to the Public Analyst who found it to be deficient in milk-solids not fat than the minimum prescribed standard which resulted in prosecution of the petitioner for the above referred to charges.

(3.) SHRI G.S. Gill, Advocate learned counsel for the petitioner has assailed ;the impugned order of the trial Court, as well as of the first appellate Court, firstly, on the ground that the milk was not properly stirred before taking the sample, contending that the very factum of fat contents being higher than the prescribed standard, supports this conclusion. Shri H.S. Brar, Advocate, appearing, on behalf of the respondent, on the other hand, maintained that the reports of the Public Analyst, Punjab and of the Director, Central Food Laboratory, Ghaziabad being consistent regarding the percentage of milk fat and milk solids not fat, in the two samples, clearly show that the milk was properly stirred before taking the sample.