Gurnam Singh, J. - (1.) On 8-2-1971, at about 3.30 P.M., Food Inspector Surjit Singh, inspected the shop of Jagir Singh accused-petitioner, situated in Gali Kumarahn in Tarn Taran in the presence of Rikhi Ram and Krishan Lal, P.Ws. The accused-petitioner at that time was in possession of 15 Kgs. of Khoa. The Food Inspector took a sample of Khoa weighing 750 grams on payment of Rs. 3. 75 Ps. and divided the same into three equal parts. All the three parts were put into three dry and clean bottles, which were labelled, stoppered and securely fastened and sealed with the seal of the Food Inspector. One sample bottle was handed over to the accused-petitioner and one was sent to the Public Analyst. The Public Analyst reported that the Khoa contained 13.2% fat as against 20% prescribed by law. The Food Inspector filed the complaint in the Court. The trial Court convicted the accused-petitioner under section 7 read with section 16(1) (a) (i) of the Prevention of Food Adulteration Act and sentenced him 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 six months. The appeal filed by Jagir Singh accused failed. He has filed this criminal revision petition, notice of which was given to the State.
(2.) The learned Counsel for the petitioner simply urged that no reliance can be placed upon the report of the Public Analyst as he had not tried to find out the percentage of the moisture in the Khoa. He further urged that the milk fat contents were also not tested after the Khoa was dried.
(3.) The learned Counsel for the State in reply urged that according to the instructions issued vide letter No. f-14-126/68-PH dated 15.5.1970, the minimum milk fat should be 20% on "as it is basis," irrespective of the moisture content.;