Man Mohan Singh Gujral, J. - (1.) This is a revision petition against the order of the Additional Sessions Judge, Ferozepur, dated 30th March, 1974 whereby the conviction and sentence of the petitioner under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, imposed by the Judicial Magistrate First Class, Zira, by order dated 7th Aug., 1973, was upheld.
(2.) The case of the prosecution is that on 2nd April, 1972, Dr. Harbans Singh Sandhu, who was invested with the powers of a Food Inspector, went to the bus-stand at Zira and purchased six bottles of soda-water from the accused. These bottles were without any labels. The contents of the bottles were put into three clear and dry bottles which were subsequently stoppered and sealed. One of these bottles was sent to the Public Analyst whose report shows that the soda-water was adulterated inasmuch as it contained saccharine more than the prescribed quantity and also contained yellow and red unpermitted coal-tar dye. The report of the Public Analyst further brought out that no sugar was found in the soda-water though it was necessary to have five per cent sugar. In view of, the petitioner was convicted and sentenced as above.
(3.) Notice was only issued regarding the sentence. I have heard the learned counsel for the petitioner and Shri Palta appearing for the State. It is not disputed that so far as the presence of prohibited coal-tar dye is concerned, no question regarding this was put to the accused when he was examined under section 342 of the Criminal Procedure Code. In view of this, this matter cannot be used against him. As for the presence of saccharine and the absence of sugar, the only argument raised by the learned counsel for the petitioner is that he is a petty shopkeeper who obtains soda-water bottles from some manufacturer and that having regard to this and the other circumstances, the sentence awarded was excessive. From the fact that only sixteen bottles were recovered from the shop, it can be inferred that the petitioner is a small shopkeeper of meagre means. It is also not disputed that the soda-water is not manufactured at the shop by the accused and that he obtains it from some manufacturer. Keeping in view these circumstances and the fact that the quantity of saccharine found in the soda-water was not much in excess of what is prescribed by the rules and the further fact that the accused is a young boy of only 18 years of age, the sentence of the petitioner is reduced to the term of imprisonment already undergone. The sentence of fine would, however, stay. With this modification, the revision petition fails and is dismissed. Revision petition dismissed.;