A.D.Koshal, J. - (1.) Shonku, the petitioner before me, was convicted of an offence under section 16(1)(a)(i) of the Prevention of Food Adulteration Act and was sentenced to rigorous imprisonment for a year and a fine of Rs. 1,000.00 on the 26th of Feb., 1973, by Shri A.C. Aggarwal, Judicial Magistrate 1st Class, Pathankot, who directed that the sentence in default of payment of fine would be rigorous imprisonment for six months. The conviction and sentence were maintained in appeal on the 24th of Nov., 1973, by Shri N.S. Bhalla, Additional Sessions Judge, Gurdaspur, against whose judgment the petitioner has come up in revision to this Court.
(2.) The case for the prosecution was that on the 10th of Aug., 1971, the petitioner who runs a shop at Bharoli in District Gurdaspur, was in possession of 12 kilograms of cows milk, a sample from which was found to be sub-standard in as much as it was deficient in milk fat to the extent of 38 per cent, and in non-fatty solids to the extent of 54 per cent.
(3.) The petition originally came up for consideration at the hands of Verma, J., who issued notice to the Advocate-General, Punjab, in regard to the sentence only.;