M.M.PUNCHHI,J - (1.) THIS is a revision petition against the appellate order of the Additional Sessions Judge, Chandigarh.
(2.) THE facts alleged against the petitioner are these; The petitioner runs a shop of selling milk in village Darwa Union Territory, Chandigarh. On 23-12-1980 the Food Inspector visited the premises of the petitioner and found 10 kgs. of cow's milk for sale at the shop of the petitioner. The Food Inspector gave him the requisite notice and purchased 660 millititres of cow's milk for the purpose of analysis. The milk so purchased was divided into three equal parts, put in three bottles with preservative and these bottles were stopped, wrapped and sealed in the usual way.
(3.) THE grouse of the petitioner is that the Food Inspector did not mention in his complaint the factum of his having stirred the milk in order to make it homogeneous before effecting purchase of the sample from the petitioner. It is maintained that it is only at the trial stage that such an averment was made. It is clear that no such fact was mentioned in the complaint and it is only in the statement of the Food Inspector that this fact was disclosed. The lower appellate Court, however, took the view that since the Food Inspector was not cross-examined for the purpose, there is a presumption that he had taken the sample properly, as all official acts are supposed to have been done correctly. Additionally, the accused petitioner having not laid his grouse thereto it his statement under section 313, Code of Criminal Procedure, was adversely commented upon.;