S.S.Sidhu, J. - (1.) Hazara Singh was convicted under section 16( 1 )(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and was sentenced to undergo six months' rigorous imprisonment- and to pay a fine of Rs. 1000.00, or in default of payment of fine to further undergo three months' rigorous imprisonment by the Judicial Magistrate, 1st Class, Amritsar (Shri P. Lal), vide his judgment dated July 12, 1972. Half of the fine, if realized, was directed to be paid to the Municipal Committee, Amritsar. An appeal preferred against that conviction and sentence was dismissed by the Additional Sessions Judge, Amritsar (Shri Avtar Singh Gill) vide his judgment dated March 22, 1973. Hazara Singh has challenged his aforesaid conviction and sentence by presenting this revision petition.
(2.) Briefly, the facts of the case are that on Aug. 14, 1971, at 7 A.M., Municipal Food Inspector Shri Sohan Lal, along with Dr. Joginder Singh, apprehended Hazara Singh in Chowk Lohgarh, Amritsar, when Hazara Singh was having in his possession 13' litres of cow's milk, which was meant for sale to the public. After disclosing his identity, Shri Sohan Lal served notice Exhibit P.A. on Hazara Singh, in the presence of Banta Ram and Narinder Singh and started stirring the milk possessed by.Hazara Singh after transferring the same into a tub. He then purchased 660 millilitres of milk out of that cow's milk on payment of 70 Paise, vide receipt Exhibit P.W., as a sample. That purchase d milk was divided into three equal parts and each part was transferred into a dry and clean bottle by the said Food Inspector and 20 drops of formalin were a so added to the contents of each bottle as a preservative by him. Thereafter, hie Food Inspector properly stoppered and sealed those three bottles. One sealed bottle was given to Hazara Singh against receipt P.C. The second was retained in the office of the Municipal Committee and the third was sent to the Public Analyst who made report Exhibit P.F. to the effect that the said milk contained milk fat 2.1 per cent instead of 4 per cent and milk solids not fat 4 per cent instead of 8.5 per cent. On the basis of that report, the complaint was filed against Hazara Singh for his prosecution in the Court of the Magistrate.
(3.) During trial, Hazara Singh, petitioner, requested the Court for sending the sample of milk contained in the sealed bottle, lying with the complainant, to the Director, Central Food Laboratory, Calcutta, for analysis, as required under section 13(2) of the Act. The learned Magistrate* thereupon, sent that bottle containing the sample of milk to the aforesaid Director, but that Director reported that the said bottle had been found broken when the same was received by him. Thereafter, Hazara Singh made statement in the Court of the learned Magistrate on May 26, 1972, that the third bottle containing sample of milk, given to him, be sent to the Director, Central Food Laboratory, Calcutta, for analysis. The learned Magistrate accepted his request. However, when Hazara Singh, petitioner, appeared in this Court on June 5, 1972, he made statement that the bottle containing sample of milk, given to him, had also broken and that further proceedings be taken by the Court.;