K.P.S. Sandhu, J. - (1.) The petitioner was tried, convicted and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1,000.00, in default of payment of fine to undergo further rigorous imprisonment for three months under Sec. 16(l)(a)(i) read with Sec. 7(1) of the Prevention of Food Adulteration Act, by the learned Judicial Magistrate 1st Class, Chandigarh, vide his judgment and order dated 22nd April, 1982. On appeal, his conviction and sentence were maintained by the learned Additional Sessions Judge, Chandigarh, vide his judgment dated 20th Sept., 1982. The petitioner has come up in revision before this Court against his conviction and sentence.
(2.) The prosecution case is that the petitioner was running a Kariana shop in village Attawa within the jurisdiction of Chandigarh. On 25th July, 1978 Mr. M.K. Sharma, Food Inspector (P. W. 1) inspected the shop of the petitioner and found that the petitioner had kept 10 kilograms of wheat flour for sale. On payment of Rs. 0.95 paise 600 grams of wheat flour was purchased by the Food Inspector M.K. Sharma (P. W. 1) in the presence of Hardial Singh (P. W. 3). The sample was sent to the Chemical Examiner who vide his report (Exhibit PD) opined that on examination he found 11 living insects in the flour and for that reason it was unfit for human consumption.
(3.) Mr. D.S. Walia, learned counsel for the petitioner, has contended that according to the statement of the Food Inspector (P.W. 1) in the examination-in-chief the samples were converted into air-tight bottles but he gave a complete somersault in cross-examination and stated that they were taken into paper wrappers which were not air-tight. The act that the samples were taken in paper wrappers also finds support from the statement of the only eye-witness Hardial Singh (P. W. 3). It is also in the evidence of Hardial Singh that on the day when the samples were taken, it was raining. Mr. Walia submits that in view of the statement of the Food Inspector (P. W. 1) and Hardial Singh (P. W. 3), the possibility of some moisture going in paper wrappers which ultimately resulted in the germination of the insects, cannot be ruled out. Since the flour was sent for examination by the analyst on the eighth day, I find considerable force in this contention. The statement of the Food Inspector himself renders the case against the petitioner doubtful. Consequently, I give him the benefit of doubt and acquit him. The fine, if paid, will be refunded to him. accused acquitted.;