Gurnam Singh, J. - (1.) On 8-5-1974 Dr. T.K. Bansal, Medical Officer, Civil Hospital, Kot Kapura, along with Dr. K.C. Garg visited the shop of Baldev Dass at about 5 p.m. Baldev Dass was found in possession of 64 Kgs. Golden Seal margarine in four sealed tins. Dr. T.K. Bansal, after observing formalities, purchased 600 grams of margarine by opening one of the sealed tins. Before taking the sample, margarine was made homogeneous by shaking the tin. The purchased margarine was divided into three equal parts and transferred into three dry clean plastic boxes, which were then closed, labelled, packed and sealed with the seal of Dr. T.K. Bansal. One of the sealed boxes was sent to the Public Analyst, Chandigarh and one sealed box was given to Baldev Dass accused. The Public Analyst, Chandigarh, after examination reported that the sample contained 23.16% moisture against a maximum prescribed standard of 16% and 76.80% fats against the minimum prescribed standard of 80%. Baldev Dass was consequently prosecuted under section 16 of the Prevention of Food Adulteration Act.
(2.) The plea taken up by Baldev Dass was, that he had purchased the margarine under a proper warranty from M/S. Hira Lal Bajaj and Sons, Faridkot. The trial Court impleaded M/s. Hira Lal Bajaj and Sons, Faridkot, under section 20-A of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). M/S. Hira Lal Bajaj and Sons took up the plea that they were the stockists and redistributors of Golden Seal Margarine manufactured and supplied by Hindustan Lever Ltd., Mandi Gobindgarh with their headquarters at Bombay, under a proper warranty. They also produced the bills etc. Consequently M/s. Hindustan Lever Ltd., Delhi/Bombay, was also made an accused in the case and summoned.
(3.) The complainant, Dr. T.K. Bansal made his own statement and also examined Vijay Kumar and Surinder Kumar.;