A.S.NEHRA,J - (1.) THE petitioner was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and, in default of payment of fine, to undergo further rigorous imprisonment for two months, by the Chief Judicial Magistrate, Patiala, on 10-10-1985. The appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Patiala, on 24-7-1986. Hence, this revision petition.
(2.) BRIEFLY stated, the case of the prosecution is as under :- On 25-6-1981 Dr. Harbir Singh Medical Officer, Incharge Rural Dispensary, Lalru, vested with the powers of Food Inspector under the Prevention of Food Adulteration Act, 1954, accompanied by Dr. Ravi Dutt Madan, visited the shop of Manjit Singh accused petitioner, situated in Katra Sahib Singh. Patiala. The accused-petitioner was found present at his shop. Sixty creates of carbonated sweetened water (Tanja) were found in his possession at the shop meant for sale to the public. Dr. Harbir Singh disclosed his identity to the petitioner that he was the Food Inspector vested with the powers of seizing samples of food-stuff from the vendors and to have the same analysed and that he was there with a view to have the sample of sweetened carbonated water (Tanja) for having the same analysed from the public analyst. Expressing this intention on his part, he served notice Exhibit PA on Form VI on the petitioner and then purchased 9 bottles of sweetened carbonated water (Tanja) on payment of Rs. 21.75 paise. The petitioner gave him receipt Exhibit PB which was signed by him and attested by Dr. Ravi Dutt Madan in token of the supply of 9 bottles of sweetened carbonated water to Dr. Harbir Singh (Food Inspector). Dr. Harbir Singh then divided these 9 bottles into three lots consisting of three each. Each lot consisting of three bottles was wrapped in a strong thick paper and labelled. Paper slip of the Local Health Authority, bearing his signatures was pasted on the wrapper of each lot consisting of three bottles lengthwise covering the mouth and bottom of the container and joining its ends. It was then secured with a strong twine and sealed with the seal at four distinct places. Signatures of the accused was obtained in such a manner that it covered partly on the signatory slip and partly on the wrapper. Spot memo Exhibit PC was prepared, which was signed by Dr. Ravi Dutt Madan and the accused. On sample was sent to the Public Analyst Punjab, Chandigarh, alongwith the memo in Form VII and specimen impression of the seal used in sealing the sample in a sealed packet per special messenger Durga Singh, Peon of the office of the Local Health Authority Patiala in Form VII in a sealed packet. On receipt of the report of the Public Analyst, Punjab, (Exhibit PC), Dr. Harbir Singh instituted complaint Exhibit PF against the accused as, according to the report of the public Analyst, the contents of the sample contained small suspended matter and were contaminated with coliform bacteria. After instituting complaint Exhibit PF against the accused the Food Inspector informed the Local Health Authority about its institution. The Local Health Authority sent a copy of the report of the Public Analyst to the accused under registered cover alongwith a forwarding letter, calling upon him to have the same re-analysed within 10 days of the receipt of the report of the Public Analyst if he so wanted.
(3.) WITH a view to sustain the charge against the accused-petitioner, the prosecution relied upon the statements of PW-1 Sohan Lal, Clerk in the office of the Local Health Authority, Patiala. PW-2 Dr. Harbir Singh, Incharge Rural Dispensary, Lalru, and PW 3 Dr. Ravi Dutt Madan; besides affidavit Exhibit PG of Durga Singh, Peon in the office of the Local Health Authority.;