S.S. Sandhawalia, J. - (1.) Mehnga Ram petitioner was convicted under section 16(1)(a)(i) read with Sec. 7 of the Prevention of Food Adulteration Act, 1954, and sentenced to six months rigorous imprisonment and a fine of Rs. 1,000.00 by the Judicial Magistrate, 1st Class, Hoshiarpur. On appeal, the learned Additional Sessions Judge, Hoshiarpur, in a detailed judgment repelled all the contentions raised on behalf of the petitioner and upheld the conviction and the sentence.
(2.) In view of the solitary argument raised on behalf of the petitioner, it is unnecessary to advert to the facts in any great detail. It suffices to mention that the petitioner runs a halwai's shop at Gharshankar wherefrom the Food Inspector had taken a sample of curd which later on chemical analysis was found to be below the standard prescribed under the Prevention of Food Adulteration Act and the rules framed thereunder.
(3.) Mr. Bhagirath Dass with his illimitable fairness has raised the solitary argument that the adulteration discovered in the report of the Public Analyst vide Exhibit P.D. is marginal in nature and, therefore, the petitioner should be given the benefit of doubt and acquitted. In particular, counsel contended that the variation in the prescribed standard of milk solid not fat found in the curd was infinitiesimal.;