S.S. Dewan, J. - (1.) This is a revision petition against the order of the Sessions Judge, Patiala dated Dec. 16, 1978 whereby the conviction and sentence of the petitioner under section 7 read with Sec. 16 (1)(a) (i) of the Prevention of Food Adulteration Act imposed by the Judicial Magistrate 1st Class, Rajpura by his order dated Aug. 26, 1978, was upheld.
(2.) The prosecution case in brief is that on 30-10-1975, Dr. Charanjit Singh, Medical Officer of Primary Health Centre, Gharuan, acting as an authorised Government Food Inspector, intercepted the petitioner in Mohinder Ganj Bazar, Rajpura. He was carrying about 6 kgs. of unspecified milk in a drum for sale. In the presence of Dr. Jagdish Raj, Senior Medical Officer, Civil Hospital Rajpura, the aforesaid Food Inspector purchased 750 gms. of milk as a sample from the petitioner for analysis on payment of Rs. 1.50 paise against receipt Ex.P.B. After completing the formalities, the Food Inspector handed over one sealed sample bottle to the petitioner. The second bottle was sent to the public analyst and the third was retained by the Food Inspector in the office of the Civil Surgeon, Patiala. The public analyst vide his report Ex. P.D. opined the sample of milk deficient in milk fat by 28% and in milk solid not fat by 12% of the minimum prescribed standard. The Food Inspector filed a complaint against the petitioner and the trial Court after perusing the evidence on record, convicted and sentenced the petitioner as noted above. The appeal filed by him was dismissed and hence the revision.
(3.) The main contention on behalf of the petitioner before me is that the requirements of Sec. 10(7) of the Act have not been complied with. Under this provision, when the Food Inspector takes any action as specified in sub-sections (0(a)(2), (4) and (6), he shall call one or more persons to be present at the time such action is taken and take his or their signatures. It is manifest from the record that Dr. Charanjit Singh, Food Inspector purchased milk from the petitioner in the presence of Dr. Jagdish Raj, Medical Officer, Civil Hospital, Rajpura and the latter remained present at the spot throughout the proceedings and he attested the necessary memos and the petitioner also signed the same. In the premises, there is no justification in the allegation that the provisions have not been complied with. In these circumstances, the courts below were justified to hold on the evidence of the Food Inspector that he had complied with the requirements and that the samples were sealed in the presence of Dr. Jagdish Raj whose signatures were taken in the presence of the petitioner.;