Pritam Singh Pattar, J. - (1.) This is a revision petition filed through jail by Chanan Ram son of Gulzara Ram of Buti Purani, Jullundur, against the judgment dated March 3, 1975, of the Additional Sessions Judge, Jullundur, whereby he maintained his conviction under section 16( I)(a) read with section 7 of the Prevention of Food Adulteration Act, but reduced his sentence from three years to two years' rigorous imprisonment and maintained his fine of Rs. 2,000.00 and imprisonment in default thereof.
(2.) The facts of this case are that Banarsi Dass was a contractor for the supply of buffalo milk to the Civil Hospital, Jullundur. On July 11, 1974, Dr. S.P. Mago, Deputy Chief Medical Officer, Civil Hospital, P.W. 1, (who has been notified to be a Government Food Inspector) intercepted Chanan Ram petitioner near the kitchen of the Civil Hospital, Jullundur, and at that time he was carrying two containers containing milk for supplying to the patients of the Hospital through Gulzar Singh, Store Keeper. Dr. Jagjit Singh and Gulzar Singh were present there. One container contained 15 kilograms of milk,and the other had 16 kilograms of milk. Dr. S.P. Mago after informing the petitioner that he was the Government Food Inspector conveyed his intention to take samples of milk for analysis and he gave notice Exhibit P.A. to him, which was signed by him. This notice was also attested by Dr. Jagjit Singh and Gulzar Singh and its copy was given to the petitioner. Thereafter, 660 mililiters of cow's milk was purchased from Chanan Ram petitioner from the container containing 15 kilograms of milk on payment of Rs. 1.32 P. for which'the petitioner issued receipt Exhibit P.B. Dr. S.P. Mago stirred the milk and made it homogeneous, and thereafter the milk was transferred into three dry and clean bottles and 18 drops of formalin were added in each bottle. These bottles were labelled, stoppered and sealed vide memo. Exhibit P.C. One of the sealed bottles was given to the petitioner vide memo, of seizure Exhibit P.C., the second bottle was sent to the Public Analyst for analysis and the third bottle was retained by Dr. S.P. Mago. The Public Analyst, Chandigarh, in his report dated July 23, 1974, reported as under; - JUDGEMENT_26_LAWS(P&H)2_1976.html The sample was deficient in milk fat and milk solids not fat. Thereafter a complaint was filed against the petitioner and also Banarsi Dass contractor under section 16(l)(a) of the Prevention of Food Adulteration Act read with section 7 of that Act. The Judicial Magistrate convicted Banarsi Dass under section 16(l)(a) read with section 7 of the Prevention of Food Adulteration Act and sentenced him to five years' rigorous imprisonment and to pay Rs. 5,000.00 as fine and in default of payment of fine to further undergo rigorous imprisonment for one and a half years. The petitioner was also convicted under section 16(l)(a) read with section 7 of the Act and sentenced to three years' rigorous imprisonment and lo pay Rs. 2,000.00 as fine and in default of payment of fine to further undergo rigorous imprisonment for one year. Feeling aggrieved Banarsi Dass and Chanan Ram filed two separate appeal against this judgment. The Additional Sessions Judge, Jullundur vide his judgment dated March 3, 1975, reduced the sentence of imprisonment of Banarsi Dass to three years and that of Chanan Ram petitioner to two years. However, the sentences of fine imposed upon them were maintained. Banarsi Dass filed a separate Criminal Revision No. 288 of 1975 in this Court, which was accepted by A S. Bains J. on July 21, 1975, and Banarsi Dass was acquitted, it was held that Banarsi Dass was not present at the time when the sample of the milk was taken by the Government Food Inspector and that it was not proved beyond any reasonable doubt that Chanan Ram was his employee.
(3.) Chanan Ram petitioner filed this revision petition through Jail, which was admitted on 23-9-75 by M.S. Gujral J.;