BRIJ BHUSHAN Vs. STATE (THROUGH PFA DEPARTMENT)

JUDGEMENT

(1.) Crl. R.P. No. 733/2010 & Crl. M.B. No. 1596/2010

(2.) THE Petitioner has been convicted under Section 16 (1)(c) of the Prevention of Food Adulteration Act, 1954 (for short hereinafter referred to as "the Act") and sentenced to undergo rigorous imprisonment of six months with fine of Rs. 5000/ -; in default of payment of fine to undergo simple imprisonment of one month.

(3.) BRIEFLY stated, facts of the case are that Food Inspector along with other officials of the department visited the shop of the Petitioner on 20.10.1992 at about 12.45 p.m. to take sample of Khoya lying at the counter of the shop. However, he was not allowed to take sample. Further, he was threatened by the Petitioner. Other shopkeepers also gathered there. Keeping in view the hostile attitude of the Petitioner and the other persons, who had gathered there. Food Inspector, along with members of the team had to leave the shop without collecting sample. With these facts, a complaint was filed in the court of Metropolitan Magistrate for prosecution of the Petitioner under Section 16(1)(c) of the Act.