SEWA RAM Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Additional Sessions Judge, Delhi, affirming on appeal, the conviction of the petitioner, under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) On October 10, 1966, Food Inspector Nand Kishore, P. W. 1 had purchased 600 grams of cashew nuts, on payment of 60 paise, from the shop of the petitioner located in Main Market, Moti Nagar, Delhi, for the purpose of analysis, after giving notice Ex. P. B, to the petitioner. The cashew nuts purchased, were divided into three parts and each part was sealed in a dry and clean bottle. One of the sample bottles was sent to the Public Analyst for analysis. The report of the Public Analyst was that the sample sent was insect-infested and that the infestation was 100%. In the opinion of the Public Analyst, the sample sent was adulterated and was unfit for human consumption. The report of the Public Analyst is Ex. P. E. Thereupon, complaint Ex. P. G., under Sections 7/16 of the Act, was filed by Shri Ved Prakash, P. W. 2, who was duly authorised to do so, by a resolution of the Delhi Municipal Corporation. It was alleged, in the complaint, that the petitioner had stored cashew nuts for sale which were found insect-infested and adulterated.

(3.) The petitioner denied the allegations made against him. He denied that he had sold cashew nuts to Food Inspector Nand Kishore, P. W. 1. He further denied that the cashew nuts in his shop were insect-infested. He also denied that any bottle containing sample of cashew nuts had been given to him. The petitioner also denied that the notice Ex. P. B. or the memo of sale of cashew nuts Ex. P. C. bore his signature.