GURNAM SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS is a revision petition by Gurnam Singh, who has been convicted under Section 16(1) (g) (ii) of the Prevention of Food Adulteration Act and sentenced to one year's rigorous imprisonment and a fine of Rs. 2,000 or in default six months' further imprisonment.

(2.) THE prosecution story is that on the 22nd of July, 1960, a Food Inspector at Tarn Taran purchased a sample of milk from the Petitioner which he was carrying for purposes of sale as Cow's milk. The usual formalities were followed regarding the taking of the sample, which was divided into three parts, one of which was left with the accused. The sample which was sent to the Public Analyst was found to be adulterated with separated milk to the extent of 42 per cent.

(3.) THE main question raised in revision was whether there was any proper sanction for prosecution of the Petitioner as required by Section 20 of the Act. The relevant portion of Sub -section (1) reads -