K.S.Tiwana, J. - (1.) Mohinder Singh was convicted by Judicial Magistrate 1st Class, Amritsar under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 1000.00. In default of payment of fine he was further sentenced to undergo rigorous imprisonment for 1 months. His appeal against the order of conviction was dismissed by the Additional Sessions Judge, Amritsar. This revision has been directed against that order.
(2.) On 21-6-1971, at about 7.00 A.M. Ram Sarup Dass, Food Inspector along with Dr. Joginder Singh and Ram Chand Jamadar checked Mohinder Singh, who was carrying about 20 litres of cow milk in a metallic vessel (Dhona) for sale. In the presence of Amolak Singh and Bihari Lal and his companions the Food Inspector purchased 660 ml. of milk against payment as required by the Prevention of Food Adulteration Act. The milk was divided into three bottles which was properly secured and sealed. The Public Analyst found the contents of the milk fat in the sample 3.4 per cent instead of 4.0 per cent. The milk solids were found 5.4 per cent in place of S.5 per cent. As the sample was adulterated Mohinder Singh on trial was convicted as aforesaid.
(3.) During the pendency of the case the petitioner applied to the Magistrate for sending his sample to the Central Food Laboratory, Calcutta for analysis. On 2-8-1971 the seal on the packet of the bottle was found in tact. But, however, on opening the wrapper the bottle was found to be broken. Consequently that sample was not sent. When asked by the Magistrate if he wanted to send the third sample, in the custody of the Medical Officer of Health, for analysis, the petitioner declined. On 17-11-1972, the application of the petitioner for sending the third sample to the Central Food Laboratory at Calcutta was accepted by the Magistrate The sample which on examination was found to be in order was despatched. This bottle was smashed during the transit.;