J.M. Tandon, J. - (1.) Nath Singh (23) son of Bachan Singh of village Bhago Majra, Tehsil Kharar, District Ropar, has been convicted under section 16(1)(i) read with section 7 of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and a fine of Rs. 1000.00, in default of payment further rigorous imprisonment for four months.
(2.) The prosecution case against the petitioner is that on November 21, 1975, Dr. S.P. Gupta, exercising the powers of Food Inspector was present near Civil Hospital, Kbarar. He was accompanied by Dr. Ajay Kumar Bali. At about 5 P.M. the petitioner was seen coming from the side of village Khanpur. He was carrying 10 kilo-grams of cow's milk contained in a drum for sale. He was stopped by Dr. S. P. Gupta, who disclosed his identity and purchased 660 millilitres of cow's milk against payment. The milk was divided and sealed in three dry and clean bottles. Eighteen drops of formalin were added in each bottle. One bottle was sent to the Public Analyst, who opined that it was 37 per cent deficient of the prescribed minimum standard of milk solids not fat. The petitioner was challenged. The Courts below convicted and sentenced him, as stated above. It is against this order that the present revision is directed.
(3.) The learned counsel for the petitioner has argued that in the papers which were prepared by Dr. Gupta at the time he took the sample, the father's name of Nath Singh was recorded as Nasib Singh, which proves that the sample was taken from another person and the petitioner's thumb mark was obtained as a witness. This contention was raised before the appellate Court and was rightly repelled. It is obvious that the petitioner gave his father's name wrongly with ulterior motive. The sample was taken from the petitioner. He admittedly thumb marked the papers. The question of having taken the sample by Dr. Gupta from a person other than the petitioner does not arise.;