Gurnam Singh, J. - (1.) Jai Bhagwan son of Nandu Ram, resident of Tawaru, District Gurgaon, was convicted under S. 16(l)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00 and in default of payment of fine to further undergo rigorous imprisonment for three months, by the Judicial Magistrate, 1st Class, Sirsa. The appeal filed by Jai Bhagwan failed. He has now filed this revision in which notice regarding sentence only was given.
(2.) The facts of the case, briefly stated, are that on 30-7-75, Food Inspector R.C. Arora, accompanied by Dr. T.L. Galhotra and one Swaran Singh visited the shop of Jai Bhagwan, situated in chowk Hissaria, Sirsa, at about 10 A.M. and purchased 660 mili-litres of cow's milk from him on payment of Rs. 1-10 Ps. The milk so purchased, was divided into three parts and put in three clean and dry bottles. 18 drops of formalin were added in each of the 3 bottles as preservative. All the three bottles were properly stoppered labelled and sealed. One bottle was given to the accused-petitioner; one was sent to the Public Analyst, Haryana, Chandigarh and one was kept in the office. The Public Analyst found the milk fat diffident to the tune of 32.5% from the minimum prescribed standard. Consequently the Food Inspector filed the complaint against Jai Bhagwan petitioner.
(3.) Shri R.C. Arora and Dr. Galhotra deposed about the facts of the case while Swaran Singh was given up as won over.;