K.S.Tiwana, J. - (1.) The petitioner was convicted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, by the Judicial Magistrate 1st Class, Ambala Cantt, for keeping in his possession turmeric (Haldi) which was unfit for human consumption. The petitioner was sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1000.00. In default of payment of fine he was further sentenced to undergo rigorous imprisonment for one year. The petitioner took the matter in appeal,before the learned Sessions Judge, Ambala, who rejected the appeal but reduced the sentence of imprisonment to one year but maintained the fine. Dissatisfied by both these orders the petitioner has corns to this Court in revision.
(2.) The facts of the case are that Amrit Lal Kapur, Food Inspector, Ambala, on 13-10-1971, at 5.00 P.M. went lo the business premises of the petitioner in Anaj Mandi, Ambala Cantt. Ram Narain petitioner had exhibited for sale about 10 Kilograms of Haldi (whole) in a gunny bag for public sale. Disclosing his identity Amrit Lal Kapur, Food Inspector, in the presence of Om Parkash and Radha Kishan on payment of Rs. 1.35 purchased 450 grams of turmeric. Notice, Exhibit P.B., in form 'C' was also served on the petitioner. The turmeric was divided into three equal parts and put in clean and dry bottles which were labelled, stoppered, securely fastened and sealed. One bottle of the sample was handed over to the petitioner, another retained by the Food Inspector and the third was sent to the Public Analyst at Chandigarh.
(3.) Vide his report, Exhibit P.D., the Public Analyst found- "it is infested with insects to an extent of 25 per cent and is not fit for human consumption." He also found lead absence and holes on the skin of the turmeric. On receipt of this report the petitioner was prosecuted in the Court.;