Ajit Singh Bains, J. - (1.) This revision petition is directed against the conviction of the petitioner under section 16(l)(a) read with section 7 of the Prevention of Food Adulteration Act, by the trial Court and the Additional Sessions Judge, Jullundur.
(2.) The brief facts of the case are that on July 11, 1974, Dr. S.P. Mago, P.W. i, apprehended Chanan Ram, co-accused of the petitioner, in the Civil Hospital, Jullundur, while he was carrying 16.150 kilograms and 15 kilograms of cow's milk in two containers for supplying the same in the hos pit?. It is alleged that Chanan Ram carried the said milk on behalf of petitioner, Banarsi Dass, who was contractor for supply of buffallo milk to the hospital. Dr. Mago served the notice, Exhibit PA., on Chanan Ram for taking sample. Accordingly, 660 millilitres of cow's milk was purchased by Dr. Mago on payment of Rs. 1.32 vide receipt, Exhibit PB, for analysis. According to the prosecution, the purchased milk was put into three dry and clean empty bottles in equal shares and after adding 18 drops of formalin into each bottle, the bottle were labelled, stoppered, securely fastened, wrapped in a strong thick paper and sealed. One sealed sample bottle was made over to Chanan Ram vide memo, Exhibit PC, the other sealed bottle was sent by registered post to the Public Analyst, Punab, Chandigarh, and the third sealed bottle was retained by Dr. Mago. All these proceedings were conducted in the presence of Dr. Jagjit Singh and Gulzar Singh and the memos, Exhibits PA, PB and PC, were also signed by Chanan Ram and attested by these prosecution witnesses. The Public Analyst found the sample to be adulterated as the milk fat was deficient by 95 percent and milk solids not fat by 40 per cent than the minimum prescribed standard. After the receipt of the report of the Public Analyst, complaint Ex. PE was lodged against the appellant and his co-accused Chanan Ram in the Court. The trial Court, after recording the evidence, convicted the petitioner and Chanan Ram under section 16(l)(a) of the Prevention of Food Adulteration Act and sentenced the petitioner to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000.00 and in default to undergo further rigorous imprisonment for one and a half years. Dissatisfied by the order of the trial Court, the petitioner filed an appeal which was partly allowed and his sentence of imprisonment was reduced to three years but sentence of fine was not altered. It is in these circumstances that the present petition has been filed by the petitioner.
(3.) The prosecution has examined only Dr. S.P. Mago who stated that on July 11, 1974 at about 7.45 A.M. which he was standing near the kitchen of Civil Hospital, Jullundur, Chanan Ram came carrying milk in two containers for supplying the same to the hospital and the milk was delivered to Gulzar Singh; Storekeeper, for supplying to the patients. He also stated that Dr. Jagjit Singh was present there. He then stated that in one container there was 15 kilograms of milk and in the other, 16 kilograms and 150 grams of milk, and on the containers it was written that it was cow's milk. He served notice on Chanan Ram for obtaining sample. The notice was attested by Jagjit Singh and Gulzar Singh. He further stated that he purchased 660 millilitres of milk from Chanan Ramon payment of Rs. 1.32 against receipt Exhibit PB which was also signed by Chanan Ram and attested by the aforesaid witnesses. He then put the milk in three empty bottle? which were dry and clean, and after adding 18 drops of formalin in each bottle, the bottles were labelled, stoppered, securely fastened and sealed. Then one bottle handed over to Chanan Ram and the other bottle was sent to the Public Analyst, Punjab, Chandigarh, while the third bottle was kept in the office of the Chief Medical Officer, Jullundur.;