MITHA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition would merit acceptance on the ratio of Rattan Chand v. The State (U.T. Chandigarh), Crl. Revision No. 1072 of 1985 and Munshi Ram v. State of Punjab, Crl. Revision No. 1082 of 1985, both decided on February 28, 1989.

(2.) THE petitioners, an aged man of 86 years, was found selling vanaspati ghee in village Kishanpur, district Ferozepur. The Food Inspector purchased 1.5 kgs. of the said ghee for the purposes of analysis. It was divided in three equally parts in the prescribed manner and one such part was sent for analysis to the Public Analyst. The sample was found adulterated. The petitioner exercised his right under Section 13(2) of the Prevention of Food Adulteration Act, 1954, and the Director, Central Food Laboratory, Ghaziabad, also found it to be adulterated. The latter report became conclusive evidence that the sample was adulterated.