Judgment

GROVER, J. :- This is an appeal by special leave from a judgment of the Delhi High Court (Himachal Bench).

2. The facts may be briefly stated. By means of a complaint dated January 16, 1968, made by the Food Inspector proceedings were initiated against the appellant under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act). It was alleged that on November 30, 1967, the appellant sold to Suresh Chand, Food Inspector, a sample which on analysis was found to be a sample of mixed cow s and buffalo s milk. It was sent for report to the Public Analyst, Chandigarh. According to the report of the public Analyst, the sample contained milk fat 5.4% and milk solids (not fat) were found in the percentage of 3.6. Admittedly that was much lower than is prescribed for a cow s or a buffalo s milk.

3. At the appropriate stage a charge was framed against the appellant and in the charge-sheet it was stated that the sample taken from the appellant was found adulterated and thereby he had committed an offence punishable under Section 16 (1) (a) of the Act. On August 14, 1968, the charge was read out to the appellant and he stated that he had heard and understood it and heard and it had been explained to him. On being asked whether he pleaded guilty to be charge the appellant answered in the affirmative. The Magistrate thereupon made an order sentencing the appellant to a term of six months rigorous imprisonment and a fine of Rupees 200/-, in default of payment of fine he was to suffer rigorous imprisonment for a further period of two months.

4. The appellant filed an appeal before the Court of Sessions Judge. The judgment does not clearly show as to what points were agitated before the Sessions Judge but it seems that it was largely on the question of sentence. The appeal was rejected. The matter was taken in revision before the High Court. It is stated in the judgment of the High Court that the conviction of the appellant was not seriously questioned before it, though a casual suggestion had been thrown by the counsel for the appellant that the plea of guilty was perhaps obtained in dubious circumstances. It was observed that such a suggestion had not been sought to be substantiated from the record. Nor had any serious attempt been made to obtain an acquittal on the merits. The only submission which was really pressed before the High Court was that the sentence was too severe and should be reduced. In that connection an alternative argument was raised to persuade the Court to give the benefit of the probation of Offenders Act of 1958 (hereinafter called the Probation Act) to the appellant. It was observed by the High Court that the provisions of the Act were of such a nature that the matter could not be treated lightly. As regards the benefit of the Probation Act it was observed that Section 4 thereof was not meant to cover cases of the present nature. Moreover it was for the Trial Court to take action without expressing any opinion as to whether Section 4 was applicable the Court unhesitatingly expressed its view that no action should be taken in a case of this kind under the Probation Act. The Revision was dismissed. No notice for enhancement of the sentence relating to fine was issued although the minimum fine that had to be imposed under the Act the Act was Rupees 1000/-. The reason for not doing so was that the State had not moved for enhancement of the sentence of fine.

5. The learned counsel for the appellant has sought to raise a number of points before us. These points are :

1. The Rule 44 (k) framed under the Act as amended was not placed before the Parliament in accordance with the provisions of Section 23, sub-section (2) of the Act.

2. No offence had been made out for contravention of Rule 44 (k) of the Rules.

3. The charges as framed was defective and it prejudiced trial of the appellant.

4. The report of the Public Analyst was not clear and ought not to have been accepted.

None of these point