- (1.) THIS is a referenoe by the learned Seasiona Judge, Ajmer recommending that, the conviction and sentence of Tikam Chand Under Section 13, Punjab Pure Food Act (vm [8] of 1929) may be set aside, According to the prosecution, Man Mai, Food Inspector, took samples of milk from Tikam chand accused. One of the samples was sent to the Public Analyst for examination. The Public Analyst sent a report that, the milk was adulterated. The accused was therefore prosecuted for exposing adulterated milk for sale. The accused pleaded not guilty, and stated that, the milk in question did not belong to him but to another man called Mulla. The learned Magistrate did not accept this defence, and held that, it was the accused who was the owner of the milk. The accused was therefore convicted under Section 13, Punjab Pure Food Act for exposing adulterated milk for sale. The accused was fined Hs. 60, and was ordered to piy as. 6 as cost of analysis. The accused filed a revision petition before the learned Sessions Judge. The learned Judge has now made this reference recommending that, the conviction of the accused should be set aside.
(2.) THE learned Judge has mentioned two points in support of his reference. A third point was raised by the learned Counsel for the accused during the arguments before me. The first sentence of the judgment of the learned Magistrate is: "the accused in this case Shri Tikam Chand is Charged with exposing for sale. . . . " The Court assumed that, exposing adulterated milk for sale was by itself an offence. In Sat Pal v. Lahore Municipality A. I. R. (28) 1941 Lah. 158 : 42 Cr. L. J. 523 the accused was convicted Under Section13, Punjab Puce Food Act. It was held that Under Section13 (1) (a) of the Act it ia necessary to prove that the ghee was sold, but from the Food Inspector?s statement no sale was proved. It merely appeared that, the ghee was exposed for Bale.
(3.) SECTION 13 (1) (a) of the Act states : "no person Shall sell any adulterated food. . . . " Section 13 consists of several subsections and several clauses. All these Sub-sections and olauses refer to sales. I do not find anything in the Punjab Pure Blood Act which makes the act of exposing milk an offence.;