S.S. Sandhawalia, J. - (1.) Ram Chander petitioner was tried and convicted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment and a fine of Rs. 1000.00 by the Chief Judicial Magistrate, Karnal. On appeal both the conviction and the sentence of the petitioner have been affirmed.
(2.) In view of a solitary argument raised on behalf of the petitioner, it suffices to mention that the prosecution case against him is proved to the hilt by the virtually unimpeachable testimony of P.W. 1 C.L. Grover, Government Food Inspector and Dr. M. S. Chaudhri P.W. 2. The trial Court for very valid considerations classified the deposition of the witnesses as wholly flawless and credible and the appellate Court has unhesitatingly affirmed that finding. Admittedly another public witness, Hotu Ram by name, was joined but since he was won over he was not examined.
(3.) Learned counsel for the petitioner has chosen to contend that there has been an infraction of section 10(7) of the Prevention of Food Adulteration Act on the rather hypothetical ground that Hotu Ram aforesaid was apparently a tea vendor and it must be presumed that he carried his alleged trade within the jurisdiction of the area of C.L. Grover, Food Inspector and, therefore, would be subservient to the latters wishes. Counsel has submitted that on this assumption alone the whole trial stands vitiated.;