NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Narinder Kumar, petitioner, stands convicted nuder Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(2.) Briefly stated the prosecution case is that on the 10th of Aug., 1976, Dr. Sukhdev Singh, Medical Officer, Incharge, Rural Dispensary, Chabewal, having the powers of Food Inspector went to Saila Khurd accompanied by Gian Chand, Peon of the office of Civil Surgeon, and Om Parkash of Village Saila Khurd. Petitioner runs a shop in the bazar of Saila Khurd. He was found sitting at his shop. A bag full of salt crystals sambhar iodised was kept by him in his possession for sale for human consumption. Dr. Sukhdev Singh after disclosing his identity purchased 750 grams of said salt from the petitioner on payment of Re. 0-15 paise. The purchased salt was divided into three equal parts and put into three dry and clean bottles which were duly sealed. The bottles were deposited intact in the office of the Civil Surgeon and one bottle out of these was sent to the Public Analyst, Punjab, Chandigarh for analysis. The Public Analyst vide his report, Exhibit P. D., opined that the contents of the sample salt contained iodine equivalent to 10.2 parts per million of potassium iodate against the prescribed standard of 25.0 parts per million of it.

(3.) The petitioner denied the allegation levelled by the prosecution and pleaded that the salt in question was not kept for human consumption and the same had been kept for giving to animals. In defence, the petitioner examined Om Parkash, one of the attesting witnesses, who supported the defence plea.