Gurnam Singh, J. - (1.) Suresh Kumar, Proprietor of Embassy Restaurant, Yamunanagar was tried for an offence under section 16(1) (a) (i) of the Prevention of Food Adulteration Act. He was convicted under section 16(1) (a) (i) of the Prevention of Food Adulteration Act by Judicial Magistrate, 1st Class, Jagadhri and sentenced to suffer imprisonment till the rising of the Court and to pay a fine of Rs. 800.00 and in default of payment of fine to further undergo rigorous imprisonment for three months. The appeal filed by him was dismissed by the learned Sessions Judge, Ambala. He has filed this revision petition, notice of which has been given to the State.
(2.) The prosecution case, briefly stated, is that on 14-6-1975 Food Inspector Harbhajan Singh accompanied by Dr. Waryam Singh, Senior Medical Officer, Civil Hospital, Yamuna Nagar went to the restaurant of the petitioner and joined Balmukand, P.W. from there and after giving him notice, purchased 660 mls. of milk out of 8 litres of milk contained in a pateela. The milk purchased was divided into three parts and each part was poured in a dry and clean bottle. The required quantity of formaline was put in each of the three sample bottles and the same were stoppered, labelled and sealed One of the sealed bottles was given to the petitioner and one was sent to the Public Analyst and the third was deposited in the office of the Deputy Chief Medical Officer Ambala. The Public Analyst found the sample of milk to contain 3% of fat as against the minimum prescribed standard of 4% and 5.1 % of milk solids not fat as against the minimum prescribed standard of 8.3%. The proceedings in the case started on the complaint filed by the Food Inspector.
(3.) The Food Inspector made his own statement and also examined Dr. Waryam Singh, Balmukand and other formal witnesses.;