I.S. Tiwana, J. - (1.) The petitioner has been convicted under section 16(1) (a)(i) of the Prevention of Food Adulteration Act, and has been sentenced to six months' rigorous imprisonment and a fine of Rs. 1000.00, in default of payment of which, to further two months' rigorous imprisonment, by the Judicial Magistrate 1st Class, Ludhiana. His conviction and sentence were affirmed in appeal by the Additional Sessions Judge, Ludhiana.
(2.) The brief facts are that on July 8, 1978, Dr. S. Dutta, Food Inspector, served a notice, Exhibit P. A., on the petitioner, for the purchase of 450 grams of chillies and as a result thereof, he purchased the said quantity, against receipt Exhibit P.B., for Rs. 3.15. The sample of chillies was divided into three equal parts and the same were put in three clean bottles which were properly packed, labelled and sealed. One such bottle was passed on to the petitioner and the second was sent to the Public Analyst for analysis. The Public Analyst, vide his report, Exhibit P.D., found that the sample contained dirt to the extent of 1.52 per cent. It may be mentioned here that what the Public Analyst examined or analysed, was chillies powder and not chillies.
(3.) Now Mr. Harbans Singh, learned counsel for the petitioner, has assailed his conviction on two counts, firstly, he submits that Dr. S. Dutta was not competent to take the sample or act as Food Inspector; and secondly, what was purchased from the petitioner, the chillies and not chillies powder and it was not the same stuff which was subsequently analysed by the Public Analyst.;