S.S. Dewan, J. - (1.) Pritam Singh petitioner was convicted by the trial Magistrate under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1,000.00, in default to undergo rigorous imprisonment for three months. On appeal, the learned Sessions Judge, Bhatinda upheld his conviction and sentence and hence the present revision petition.
(2.) The prosecution story in brief is that on 25-3-1971 at about 6.30 a.m. Dr. RL. Narang, Deputy Chief Medical Officer, Bhatinda invested with the powers of Food Inspector intercepted the petitioner who was then having 9 Kgs. of buffalo's milk for sale in the vicinity of P.W.D. Rest House, Budhlada. Dr. M. R. Chhabra was then present with him. Dr. Narang purchased 600 mls. of that milk from the petitioner for .54 paise against receipt Ex. PB for analysis. The sample milk was then divided into three equal parts which were put in three clean and dry bottles. These bottles were then stoppered and sealed. Necessary documents were prepared. One of the samples was sent to the Public Analyst and the report Ex. PD was received from him. According to his report, the sample milk was deficient in milk-fat by 45% and in milk-solids not fat by 2%. On the filing of the complaint by the Food Inspector, the evidence was led by the prosecution. The petitioner was then convicted and sentenced as indicated above.
(3.) Mr. S. S. Aulakh, learned counsel appearing on behalf of the petitioner has been unable to challenge the conviction of the petitioner on merits. The conviction of the petitioner is hence affirmed for the reasons recorded by both the Courts below. There is, however, some merit in the contention of the petitioner that the sentence imposed on him deserves some reduction. Emphasis is laid on the fact that the date of the recovery of the adulterated milk from the possession of the petitioner is about 9 years ago and the petitioner has now been on bail during the pendency of this petition. For the aforesaid considerations would reduce the sentence of imprisonment of the petitioner to six months maintaining the sentence of fine with its default clause as feel that it would meet the ends of justice.;