JAGIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was convicted for the offence punishable under Sec. 16(l)(a) of the Prevention of Food Adulteration Act (hereinafter called 'the Act') and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 500.00 by the Chief Judicial Magistrate Solan vide his order dated 25-4-1981. lie filed an appeal against his conviction and sentence before the Sessions Judge but without success. The petitioner has now approached this court in revision to seek the quashing of his aforesaid conviction and sentence.

(2.) It appears that a sample of Jira was taken under the provisions of the Prevention of Food Adulteration Act and the Rules framed thereunder from the petitioner on 30-1-1979. The sample on being analysed was found adulterated inasmuch as the foreign edible seeds in the sample were found in excess by 1.3% than the maximum prescribed standard.

(3.) The only contention raised by the learned counsel appearing for the petitioner in this case is that the petitioner had been denied his legal right of getting the sample analysed from the Central Food Laboratory in terms of Sec. 13 of the Act and that his trial as also his conviction is, therefore, vitiated in law.