LAWS(DLH)-1970-12-6

WAZIR CHAND WADHWA Vs. STATE

Decided On December 07, 1970
WAZIR CHAND WADHWA Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The revision is directed against the judgment of Addition Sessions Judge upholding the conviction of the petitioner under Section 7/16 Prevention of Food Adulteration Act ; and the sentence of six months rigorous imprisonment and a fine of Rs. 1000.00, in default, to undergo 4 months rigorous imprisonment. Ram Singh, Food Inspector, purchased a Sample of white "Chinas" (white grams) from the petitioner for analysis on April 25,1968. it was divided into three equal parts, put in three clean and dry jars and each jar was sent to the Public Analyst the same day, who declared the sample to be adulterated because of insect infestation Delhi Municipal Corporation filed a complaint against the petitioner under Section 7/16 Prevention of Food Adulteration Act (hereinafter referred to as the Act) The Trial Magistrate found the petitoner guilty and convicted him and sentenced him as aforesaid. His appeal was dismissed by the additional Sessions Judge. Mr. Ghanshyam Das, learned counsel for the petitioner, contends that the report of the Public Analyst, Ex PE,is not reliable since he did not carry out the test for Uric acid as required by A is 6 of appendix B to the Prevention of Food Adulteration Rules, 1955. He further contends that the report does not show that there was 'insect infestation' in terms of Section 2 (i) (f) of the Act. The repore of the Public Analyst is as under :-

(2.) . In order to appreciate the arguments of the learned counsel, the standard of quality laid down for Food Grains at A 18.66 in Appendix B as well as Section 2 (i) (f) of the Act may be reproduced :-

(3.) . The relevant portion of Section 2 of the Act is in the following terms:-