Sukhdev Singh Kang, J. - (1.) This is a revision petition filed by Gordhan Ual against his conviction under section I6(1)(a)(i) of the Prevention of Food Adulteration Act. He was tried by the Judicial Magistrate, Jagadhri, who convicted him under the above mentioned provisions and sentenced him to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 1000.00, in default or payment of fine to further undergo rigorous imprisonment for three months. His appeal to Sessions Judge, Ambali, met with partial success only. Dissatisfied with the judgments of the Court below, Gordhan Lal, petitioner, has field the present revision petition.
(2.) To appreciate the contentions of the learned counsel for the petitioner, brief facts of the case may be recapitulated On 25th April, 1973, at 9.15 A.M., Shri Harbans Singh, Govt. Food Inspector, accompanied by Dr. D.R. Dua, Medical Officer, Jagadhri, went to the shop of the petitioner. The petitioner was present at his shop. After disclosing his identity, Shri Harbans Singh, Govt. Food Inspector, took a sample of grounded haldi, from a tin containing 5 kilograms of haldi after making necessary payment. The sample taken weighed 450 grams. It was divided into three equal parts and was than transferred into three dry and clean bottles. Thereafter, the bottles were labelled, stoppered and sealed. These bottles were wrapped in a thick paper and were then again sealed Out of these, one bottle was handed over to the petitioner. The sample bottle was sent to the Public Analyst, Haryana, Chandigarh. The report of the Public Analyst was received and it revealed that the sample contained 2.07% earthy matter and the taste was gritty. The petitioner was prosecuted. He was tried by the learned Magistrate, who convicted and sentenced him as indicated above.
(3.) During the course of the trial, the sample bottle containing grounded haldi was sent to the Director Central Food Laboratory, Calcutta, for analysis. The report received from the Director is placed on the file According to this report, the sample contained ash insoluble in dilute HCI. The microscopic examination revealed that the sample of haldi contained foreign organic matter, wheat and maize. The Director opined that the sample of haldi was adulterated.;