Inder Bhan vs State of Punjab

S.S. Dewan, J.

In this criminal revision, Inder Bhan petitioner assails his conviction under S. 16(1)(a)(i) of the Prevention of Food Adulteration ion Act, 1954 (for short, the Act). The learned Additional Chief Judicial Magistrate, Hoshiarpur, vide his order dated February 23, 1982, sentenced him to 11/2 years rigorous imprisonment and a fine of Rs. 2000/. On appeal, the learned Additional Sessions Judge, Hoshiarpur, upheld his conviction but reduced his sentence of imprisonment to 6 months and the fine. to Rs. 1000/

The broad outline of the prosecution case is that on November 21, 1980, Dr. B.M. Bhargava, Senior Medical Officer, Primary Health Centre, Posi, vested with the powers of Food Inspector under the Act, accompanied by Dr. S. K. Tiwari, Medical Officer, Posi visited the shop of the petitioner at Mahilpur and purchased 450 grams of mithi saunf for analysis on payment of Rs. 5. 40 P. the sample sent to the public Analyst was found to contain 20 living and dead insects and as such the contents were found to be unfit for human consumption.

The case against the petitioner rests primarily on the testimony of Dr. B. M. Bhargava, P.W. I Onkar Singh, P.W. 2 and Mangat Ram, P.W. 3. The accused denied the prosecution allegations and pleaded false complicity in the case. Avinash Chander was examined by him in defence.

The only argument raised on behalf of the petitioner is that there is not a shred of evidence on the file that mithi saunf purchased by the Food Inspector was insect damaged or otherwise unfit for human consumption and that the mere presence of insects in the sample will not render the same adulterated. Mr. H S. Mann, Advocate, appearing for the State has nothing to repel this contention of the petitioner. The Food Inspector has deposed that he did not see any insect living or dead in the mithi saunf at the time of taking the sample. In this view of the matter the possibility cannot be ruled out that the insects might have been developed in the sample after the same was purchased by the Food Inspector. The standard of saunf has been described in rule A. 05.11 of Appendix B of the Prevention of Food Adulteration Rules. 1955. Extraneous matter, including dust, dirt, stone, lumps of earth, chaff stem or straw shall not exceed 5.0% by weight and the amount of insect damaged matter is permissible to the extent of 5.0% by weight. According to the report of the Director, Central Food Laboratory, the insect damaged matter was present only to the extent of 1.49%.

For the foregoing reasons, the revision petition is allowed and the petitioner''s conviction under S. 16(1)(a)(i) of the Act and the sentence awarded thereunder, are set aside and he is acquitted. The fine, if deposited, shall be refunded to the 1 petitioner.