S.S. Dewan, J. - (1.) Ram Bhaj petitioner was convicted by the trial Magistrate under Sec. 16(1)(a)(i) read with Sec. 7(1) of the Prevention of Food Adulteration Act for having been in possession of 20 Its. of cows adulterated milk for sale at his premises and sentenced to six months rigorous imprisonment and a fine of Rs. 1,000.00or in default of payment of fine he was to suffer further rigorous imprisonment for three months. On appeal, the Additional Sessions Judge, Chandigarh upheld his conviction and sentence and hence the present revision petition.
(2.) The prosecution story is that on 16-7-1974 Shri O.P. Gautam, Govt. Food Inspector inspected the premises of the petitioner in Sector-22/C, Chandigarh and found him having in his possession for sale 20 Its. of cows milk contained in a drum. The Food Inspector served the petitioner with notice Ex. PA and purchased 700 mls. of milk from him by way of sample against payment of Rs. 1.50 vide receipt Ex. PB. He divided the same milk in three equal parts and after putting 18 drops of formaline in each bottle, stoppered and sealed those bottles. One of the sealed stample bottles was delivered to the petitioner and the second sealed bottle was sent to the Public Analyst along with memorandum in the prescribed form. Copy of the memorandum bearing impressions of the seal used was separately handed over to the office of the Public Analyst. The third sealed sample bottle was retained in the office of the Food Inspector. On examination, the Public Analyst found the contents of the sample bottle to be having milk fat 3.5 % and the milk solids not fat 7.4%. The Public Analyst opined the sample to be deficient in milk fat by 12.5% and milk solids not fat by 11 % of the minimum prescribed standard vide his report Ex. P.D. on receipt of this report and after completing the / formalities, the Food Inspector filed a complaint Ex. PE for the prosecution of the petitioner.
(3.) The prosecution examined Sh. O.P. Gautam, Food Inspector (P.W. 1) and Atma Ram (P.W. 2) in support of its case. When examined under section 313 of the Criminal Procedure Code, the petitioner denied the prosecution allegations and pleaded false complicity in the case. The trial Magistrate convicted and sentenced the accused as indicated above. On appeal, the Additional Sessions Judge upheld the conviction. He has now come up by way of revision.;