MEHAR CHAND Vs. THE STATE

JUDGEMENT

(1.) THIS is revision petition by Mehar Chand. He has been convicted under Section 16(1)(a)(1) of the Prevention of Food Adulteration Act, 1965 and sentenced to rigorous imprisonment for six months and to pay fine of Rs. 1909(sic) or in default of payment of fine to further suffer rigorous imprisonment for six months.

(2.) THE Petitioner is a halwai. Apart from selling sweets, he also caries on the business of selling milk. His shop is situate in Bazaar Charkhari in the town of Jagraon On August 13, 1966 at 7.15 a.m., Dr. Chaman Lal, who was invested with the powers of Food Inspector, visited the shop of the Petitioner to take sample. He associated with him C.L. Sharma, Sub Post Master. There were lying in his shop several buckets of unindicated milk for sale. After serving notice in form VI, Exhibit P.A., upon the Petitioner, Dr. Chaman Lal purchased 660 milliliters of milk for 80 paise. the receipt executed by the petitioner is Exhibit P.B. It is attested by Dr. Chaman Lal and C.L. Sharma. After dividing the milk purchased into three lots, it was poured equally in three clean and dry bottles. These bottles were closed, labelled and sealed after 16 drops of formaline were added in each bottle. One of the samples was delivered to the Petitioner and one was sent to the Public Analyst. The Public Analyst, by report, Exhibit P.D., gave the opinion that the sample of milk was of adulterated milk, that the sample was deficient both in fat and solids not fat. He found that solids not fat were deficient to the extent of 22 per cent and the fat was short by 40 per cent.

(3.) THE trial Court believed the recovery of sample of milk from the shop of the Petitioner as disposed to by Dr. Chaman Lal Verma and C. L. Sharma P. Ws and attached no importance to the defence version.