H.K. Sandhu, J. - (1.) Brij Mohan revision-petitioner was tried for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by Chief Judicial Magistrate, Ambala. He was held guilty and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- vide judgment dated 15.6.1986. The petitioner preferred an appeal against the judgment recording his conviction which was dismissed by the learned Sessions Judge, Ambala on 12.12.1986. Hence the present revision petition.
(2.) The prosecution case against the petitioner is brief was : On 22.10.1983 Shri S.F. malik, Government Food Inspector accompanied by Dr. Anil Sharma, inspected the shop of M/s Jogi Ram Harbilas where the petitioner was present. He was having in his possession 20 kilograms of 'Bessan' for public sale. The Government Food Inspector after disclosing his identity and serving a notice purchased 600 grams of 'Bessan' for analysis which was divided into three equal parts and was sealed into three dry and clean bottled as per rules. One sample bottle was sent to the Public Analyst, Haryana, Chandigarh while the other two sample bottles were deposited with Local Health Authority. The Public Analyst reported that the sample contained 8 dead weevils and 10 living mealworms and the same was, therefore, not in accordance with the standard prescribed under the Act. Prosecution was then launched after copy of the report of the Public Analyst was sent to the petitioner.
(3.) At trial the prosecution examined S.P. Malik as PW. 1 and Dr. Anil Kumar as PW. 2 who supported the prosecution version. Some documents were also tendered in evidence.;