I.S. Tiwana, J. - (1.) The allegations which have been found to have been proved against the petitioner are that on April 26, 1973 at about 5.30 A.M., when Sat Pal Kapur, Food Inspector, Northern Railway, inspected the Railway Health Unit Canteen in the Railway Plospital, Ferozepur, he found Harbans Singh petitioner carrying two kilograms of unindicated milk for supply to the said canteen. The Food Inspector joined with him the Assistant Medical Officer and Sat Parkash, Diet Clerk, and in their presence served notice, Exhibit PA on the petitioner for the purchase of milk for analysis by the Public Analyst. He accepted the notice and signed the same in the presence of the witnesses. The Inspector took a sample of 660 mililitres of milk after stirring the same, but when he offered to pay the price to the petitioner, the latter declined to accept the same. The sample was put into three dry clean bottles which were duly labelled and sealed after adding 18 drops of formalin to each one of these. One such sealed bottle was handed over to the petitioner.
(2.) On analysis, the Public Analyst found that the sample of milk was deficient in milk fat by 73 per cent and in milk solids not fat by 27 per cent. A copy of this report of the Public Analyst (Exhibit PC) was sent to the petitioner through registered post but he refused to receive the same.
(3.) At the time of trial, Sat Pal Kapur, Food Inspector, P.W. 1 and Sat Parkash, P.W. 2, fully supported the prosecution version. The trial Court relied on the evidence of the prosecution witnesses, discarded the evidence of Yash Pal, P.W. 1, recorded the conviction of the petitioner and sentenced him to undergo rigorous imprisonment for two years and a fine of Rs. 2,000.00 in default of payment of which to further R.I. for six months. The Appellate Court, while dismissing his appeal, affirmed the conviction as well as the sentence.;