B.S.YADAV, J. - (1.) THE present petitioner Avtar Singh was convicted under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 (for short the Act) by the learned Judicial Magistrate Ist Class, Sangrur, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1500/-. Rigorous imprisonment for 6 months was also awarded in default of payment of fine. Feeling aggrieved against his conviction and sentence the petitioner filed an appeal which was heard by learned Additional Sessions Judge II, Sangrur. He maintained the conviction of the petitioner but reduced the sentenced of rigorous imprisonment to 6 months. The sentence of fine was maintained. The petitioner has now come to this Court in revision.
(2.) THE prosecution story in brief is that on 31st July, 1981 PW1 Nek Chand Goyal, Government Food Inspector, accompanied by PW2 Dr. Ved Kumar Aggarwal intercepted the petitioner on the Mehlan Road near Bus Stand, Sangrur. The petitioner was carrying 15 kgs of mixed milk contained into drums for public sale. After observing necessary formalities, Nek Chand Goyal purchased 660 ml. of mixed milk from the petitioner. The milk was divided into 3 equal parts. Each part was put in dry and clean bottle and 18 drops of formaline were added in each bottle as preservative. The bottles were then properly corked, labelled and wrapped in accordance with the procedure laid down by the Act and Rules framed thereunder. One sealed bottle was sent to the Public Analyst, who vide his report Exhibit P.D. found the sample to be adulterated in as much as milk-solids-not fat were 18% deficit of the prescribed standard. After the receipt of the report of the Public Analyst, the Government Food Inspector launched the prosecution against the petitioner. It may be mentioned here that on the application of the petitioner second scale bottles of the sample was sent to the Central Food Laboratory for analysis. The Director of the said laboratory vide report Exhibit PJ opined that sample did not conform to the standard of mixed milk as laid down in the table below item No. A. 11.01.11 (Appendix B) of the Prevention of Food Adulteration Rules, 1955 as milk-fat and milk-solids-not fat were less than the minimum prescribed standard. The analysis disclosed that the milk-fat contents were 3.6% while milk-solids-not-fat 7.8%.
(3.) THE prosecution version as given above is supported by PW1 Nek Chand Goyal and PW2 Dr. Vinod Kumar Aggarwal.;