A.S.NEHRA, J. - (1.) PARMOD Kumar, petitioner has filed his revision petition against the order of conviction and sentence. He was proceeded against under Section 7(1) read with Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) on the complaint of the Food Inspector.
(2.) THE charge against the petitioner is that on 28-7-1982 at his shop at Bus Stand Meham, he kept in his possession five 'Dallas' of carbonated water for public sale which on analysis, was found adulterated inasmuch as it contained 300 PPM of sacchrine as against the prescribed maximum limit of 100 PPM. The sample was taken by the Food Inspector in the presence of Dr. (Mrs.) J, C. Chanda, Deputy Chief Medical Officer (Health). Food Inspector purchased nine bottles out of the aforesaid stock, mixed their contents divided them into three equal parts and sent one part to the Public Analyst, whose report Ex. PD disclosed the adulteration.
(3.) AT the trial, Sant Lal. Food Inspector appeared as P- 1, while Dr. (Mrs.) 1. Chanda appeared as PW-2. PW-1 and PW-2 supported the prosecution case. In his statement under Section 313 of the Code of Criminal Procedure, the accused petitioner denied all the allegations against him and said : "I am a watch repairer. I have no connection with the shop from which the sample was taken. That shop belongs to my younger brother, Ramesh Kumar and the licence is also in his name. Carbonated water was purchased from Thakar Dass Sindwani. On the same day, his sample was also taken which too was found adulterated. I have no connection with the carbonated water. ;