A.S. Bains, J. - (1.) The petitioner was convicted and sentenced under section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00 or in default of payment of fine, to undergo further rigorous imprisonment for two months, by the learned Additional Chief Judicial Magistrate, Hoshiarpur vide his judgment and order dated 23rd Dec., 1977. On appeal, his conviction and sentence were maintained by the learned Additional Sessions Judge, Hoshiarpur vide his judgment dated 3rd Oct., 1978. Hence this revision petition.
(2.) According to the prosecution, sample of milk was taken by Dr.J.K. Bajaj (P. W.l), Food Inspector, from the petitioners shop in the presence of Dr. Gian Parkash, District Health Officer and his Driver. On analysis, the said sample was found to be adulterated by the public analyst.
(3.) However, the prosecution did not produce any of these witnesses except Dr. Bajaj (P.W.1). In his defence the petitioner produced Piara Lal (D.W.1) and Prahlad Bhagat (D.W.2). Piara Lal was cited as a prosecution witness before whom sample was taken, but he has not supported the prosecution version. Both Piara Lal (D.W.1) and Prahlad Bhagat (D.W.2) have corroborated the defence version that when the Doctor visited his shop, a milk vendor was standing at his shop with a drum containing milk, who, on seeing the raiding party, ran away leaving the drum of milk in front of the petitioners shop and that the milk did not belong to him. Admittedly, the sample was taken from that drum.;