M.R. Sharma, J. - (1.) Leave granted. Notice. The milk purchased from, the respondent was found to be sub-standard. On a complaint filed by the Food Inspector the learned trial Magistrate held him guilty and awarded him rigorous imprisonment for six months along with a fine of Rs. 1000.00. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for four months The respondent went up in appeal. This appeal was allowed by the learned Sessions Judge, Ambala, on the ground that section 13(2) of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act), had not been complied with in the sense that the copy of the report of the Public Analyst had not been sent to the respondent. The State of Haryana filed the instant petition for leave to file an appeal.
(2.) On 4.8.1983 when this case came up before us, we issued notice to the respondent to show cause why leave be not granted. When the case again came up for hearing on 20.8.83, at the request of the parties, we ordered that the records be summoned to see whether there was any proof or not regarding the report of the Public Analyst having been sent to the respondent. The record has been received and perused. Ex. PX is the original postal receipt showing that some communication had been forwarded to the respondent under registered post. Dr. H.R. Goel P.W. 2 stated on oath that the requisite notice was sent to the respondent. In view of this evidence, we are unable to accept the plea that section 13(2) of the Act had not been complied with. We therefore, allow this appeal, set aside the order passed by the learned Sessions Judge and uphold the order of conviction of the respondent passed by the learned Chief Judicial Magistrate, Ambala. Since it is an old case, we do not think it proper to send the respondent back to Jail. We therefore, impose a fine of Rs. 1500.00 on the respondent. In default of the payment of fine, he is ordered to undergo rigorous imprisonment for three months. The appeal stands disposed of accordingly. Ordered accordingly.;