S.S. Dewan, J. - (1.) Jagdish Chander petitioner was convicted by the Judicial Magistrate 1st class, Ludhiana, for an offence under Sec. 16 (I) (a) (i) of the Prevention of Food Adulteration Act, 1954. He was sentenced to six months rigorous imprisonment and a fine of Rs. 1,000.00 in default to undergo rigorous imprisonment for 11/2 months. On appeal, the Additional Sessions Judge, Ludhiana in an elaborate judgment not only upheld his conviction but also affirmed his sentence. Feeling aggrieved, the petitioner has now come up by way of revision.
(2.) The prosecution case in brief is that on 17-12-1975 at about 3.p.m., Dr. P. N. Thapar (Govt. Food Inspector) purchased 900 gms. of hard boiled sugar confectionery (coloured chocolate) from the petitioner from his shop, for analysis. He divided the sample into three equal parts and sent one part for chemical examination. The public analyst found the sample to be adulterated being not in conformity with the prescribed standard. On the filing of the complaint, the prosecution examined Dr. P. N. Thapar, Food Inspector (P.W.1) and Dr. Lalit Mohan (P.W.2). The petitioner was also examined. He denied the prosecution allegations but led no evidence in defence.
(3.) It is obligatory upon the prosecution to show that clean and dry bottles were used for putting in sample after the sample has been purchased by a Food Inspector as laid down in rule 14 of the Prevention of Food Adulteration Rules, 1955 (hereinafter called the Rules). R. 14 runs as under:- "14. Manner of sending samples for analysis:- Sample of food for the purpose of analysis shall be taken in clean dry bottles or jars or in other suitable container, which shall be closed sufficiently tight to prevent leakage, evaporation or in the case of dry substance, entrance of moisture and shall be carefully sealed.";