1. ' SALAHUDNIN AHMED, J.-The petitioner was convicted and sentenced under section 6 (1) (a) and
(c) read with section 23 of the West Pakistan Pure Food Ordinance, 1960. On appeal the learned Additional Sessions Judge maintained the conviction but reduced the sentence. The conviction and sentence has been maintained by the High Court of Sind & Baluchistan in revision.
2. ' The prosecution case was that the petitioner was found to have stored in his shop for sale Atta' in which Gluton was 1 per cent less than required under the rules framed under the said Ordinance.
3. Under the rules the Atta should have contained 8 per cent Gluton. The Public Analyst, however, found that it was 1 per cent less. The seizure of the Atta from the shop of the petitioner is not challenged. The High Court concurred in the findings of the two Courts holding the petitioner guilty.
4. ' On behalf of the petitioner the following contentions were raised before us:-
(1) The Public Analyst was not legally appointed.
(2) Since the analysis was done 7 days after the taking of samples the Atta deteriorated due to damp climate of Karachi.
5. These points were never raised before the High Court and cannot be permitted to be raised.
6. ' There is no substance in the petition and it is, accordingly, dismissed. The petitioner shall now surrender to his bail bond and serve out the remainder of the sentence of imprisonment imposed on him.