Ajit Singh Bains, J. - (1.) Bal Krishan has filed this petition against his conviction and sentence of nine months rigorous imprisonment and a fine of Rs. 1,000.00 under Sec. 16(1) (a) read with Sec. 7 of the Prevention of Food Adulteration Act (hereinafter called the Act). In default of payment of fine, he has been ordered to suffer further rigorous imprisonment for 4 months. His appeal against his aforesaid conviction and sentence was dismissed by the learned Additional Sessions Judge. It is against the above orders of the Courts below that he has come up in revision.
(2.) The prosecution case in brief is that Dr. Raj Kumar, Food Inspector (PW 1), along with Ram Pal PW 2 and Madan Lal PW 3 went to the shop of the petitioner and purchased a sample of Suji which was kept by the petitioner for sale, after serving upon him the requisite notice he took the sample out of the Suji in accordance with law in the presence of the P. Ws. accompanying him. On analysis, the sample was found to contain living insects. On the basis of this report of the Public Analyst, the petitioner was tried and convicted as aforesaid.
(3.) When examined under Sec. 313 of the Code of Criminal Procedure, the petitioner denied the prosecution case as against him and pleaded that the bottle in which the sample was taken was wet at the time of taking the sample and there were no insects therein at that time.;