AJIT SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner was convicted for the offence under Section 16(1) (a)(i) of the Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment and fine of Rs. 1000- or in default of payment of fine, to undergo further six months rigorous imprisonment by the learned Judicial Magistrate 1st Class, Dhuri. On appeal, his conviction and sentence was upheld by the learned Additional Sessions Judge II, Sangrur. Hence this revision petition.

(2.) According to the prosecution case, on 18th May 1979, Dr. D. K. Jam (P.W. 1) vested with the powers of Food Inspector, accompanied by Dr. Ramesh Kumar. (P.W. 3) and some other officials, visited the business premises of the petitioner. The petitioner was found in possession of 12 Kgs. of Laddoos lying in a thai for sale. Dr. Jam served him with a notice Ex. P A and purchased 11/2 Kgs. of Laddoos from him on payment of Rs. 7 thereof vide receipt Ex. P. B. for purposes of analysis. The purchased Laddoos were made homogenous and divided into three equal parts. Each of three parts were separately sealed by Dr. Jam with his seal bearing letters DKJT in accordance with the rules. One part of the sample was sent to the Public Analyst, Chandigarh, who wide his report Ex. P0, found the same to be adulterated for the reason that it contained a yellow basic coaltar dye, whereas no such dye is permitted under the Act to be used in preparation of Laddoos. Thus complaint Ex. PE was filed against the petitioner by Dr. Jam on 18th July, 1979.

(3.) At the trial, the petitioner denied the prosecution allegations and stated that the Laddoos were not meant for public sale and, in fact, those bad been presented to his father Chanan Ram by his maternal uncle Gurmail Singh (D.W. 1) to celebrate the betrothal ceremony of his maternal uncle Resham Singh. He took up the plea that he does not work at the shop at all, which is owned and run by his father Chanan Ram. In defence he examined Gurmail Singh (D.W. 1), Anokh Chand (O.W.2), Madan Lal (D.W. 3) and Sham Murari (D.W.4).