D.B. Tewatia, J. - (1.) Roshan Lal petitioner stands convicted and sentenced to six months rigorous imprisonment and a fine of Rs. 1,000.00, in default of payment further R.I. for three months for an offence(under section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act).
(2.) The petitioner, a shop-keeper, possessed 40 kilograms of milk on the relevant date at his shop, which was for sale. Dr. S.K. Gupta, Medical Officer, Civil Hospital, Ferozepur, exercising the powers of a Food Inspector, after disclosing his identity, purchased 660 milliliters of milk from Roshan Lal. The sample, after following due procedure, was sent to the Public Analyst who found the fat contents in the sample 7.6 per cent instead of 4 per cent and milk solids not fat 6.8 per cent instead of 8 per cent and opined that the solid contents not fat being less than the standard fixed i e. 8 per cent, the sample was adulterated. The stand taken by the accused inter-alia was that the Food Inspector had taken the sample from the top layer without stirring the vessel and making the milk homogeneous.
(3.) The Court below accepted the evidence of Dr. S.K. Gupta at its face value that the contents of the milk in the vessel had been stirred and the milk had been made homogeneous and ruled out the defence plea and also the statement of Vijay Kumar P.W. 2. who, in fact, had stated that the milk was not stirred before the sample was taken milk.;