KISHAN CHAND Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This is an appeal by special leave against a judgment of the High Court of Delhi dated 25th March 1975 convicting the appellant of an offence under cl. (I) of sub-section (1) of Section 16 read with cl. (i) of Section 7 of the Prevention of Food Adulteration Act 1954 (hereinafter called the Act) and sentencing him to rigorous imprisonment for six months and a fine of Rs. 1000/-, the sentence in default of payment of fine being rigorous imprisonment for three months.

(2.) The facts giving rise to the appeal may be briefly stated. Food Inspector V. P. Anand, (P.W.2) visited the premises of Messrs Mebrose Ice-Cream and Frozen Food Co. (which carries on business in Greater Kailash No. 1, a locality of New Delhi and is hereinafter referred to as the Company) on the 22nd May 1970 and bought for purposes of analysis a sample of chocolate ice-cream from the appellant who was one of the employees of the Company. An inventory of the sample was prepared by the Food Inspector and at the foot of the same the appellant made the following endorsement.

(3.) Having heard leaned counsel for the parties at length we are of the opinion that the sample in question is not shown to have been adulterated within the meaning of the Act.