Surinder Singh, J. - (1.) The petitioner stands convicted under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, for which offence he was sentenced to one year's rigorous imprisonment and a fine of Rs. 500.00, in default to undergo further rigorous imprisonment for six months. His appeal before the Sessions Judge failed and hence the present Revision Petition.
(2.) The charge against the petitioner was that he was found in possession of cows' milk, a sample of which on being sent for chemical analysis was found to be adulterated in the sense that milk solids not fat were deficient from the prescribed standard. The Revision petition has to be accepted on the solitary ground that the prosecution allegations were not duly supported by the two crucial official witnesses, namely, Dr. K.L. Issar and Dr. S.K. Gupta, both Food Inspectors who had conducted the raid, inasmuch as both the witnesses candidly admitted that at the time of preparation of samples only 16 drops of formalin had been added as against 18 drops, required under the rules. The learned Sessions Judge instead of giving the benefit of this lacuna to the petitioner, passed strictures against the two Inspectors and also initiated proceedings against them under Sec. 344 Code of Criminal Procedure, However, that matter is not before this Court. The fact remains that in view of the infraction of the mandatory requirement of Rule 20 of the Prevention of Food Adulteration Rules, the conviction of the petitioner cannot be sustained.
(3.) The Revision Petition is accepted and the petitioner is acquitted of the charges framed against him. He is on bail. His bail bond stands discharged. The fine, if paid by him, shall be refunded. Revision accepted.;