Gurnam Singh, J. - (1.) Wazir Chand son of Shri Jiwan Dass, resident of Mohalla Kazi Wara. Ambala City, was convicted under section 16(I )(a)(i) of the Prevention of Food Adulteration Act of 1954 and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00, or in default, to further undergo rigorous imprisonment for six months by the Judicial Magistrate 1st Class, Ambala, by his order dated 16-12-1972. The.appeal filed type accused failed. He has now filed this revision petition against the judgment of the learned Additional Sessions Judge, Ambala.
(2.) The facts of the case, in brief, are that on 1-9-1971 at about 6,15 P.M. Wazir Chand accused was found in possession of 4 litres of buffalo's milk. Shri M.L. Kapoor, Food Inspector, purchased a sample of milk weighing 660 ml. for Re. 1/- from him and put the same into three dry clean bottles md added 18 drops of formalin in each of the bottles as preservative and then libelled and stoppered the same. One sealed bottle was given to the accused. The second sample bottle was sent to the Public Analyst and the third one was lent to the Chief Medical Officer, Ambala. The sample sent to the Public Analyst was found to be adulterated, being milk fat 10% deficient of the minimum prescribed standard.
(3.) The learned Counsel for the petitioner contended that the sample of milk taken from the accused contained milk fat 5.4% and milk solids not fat 1.5% and that overall deficiency found in the fatty and non-fatty milk contents *as .1% and, therefore, by giving an allowance for some inaccuracies in the analysis, no offence was made out against the accused. He further pointed out that the accused had requested the Court to summon the third sample of milk lit no order was passed on his application and- as such he was debarred from ting the sample tested from the Director, Central Food Laboratory, Calcutta.;