PRITAM LAL Vs. STATE AND M.C.D.

JUDGEMENT

(1.) The present revision petitions of Sarvashri Pritam Lal and Parkash Chand bearing Nos. 168 and 171 of 1978 are directed against the same judgment dated 11th May, 1978 of Shri K.B. Andley, Additional Sessions Judge, Delhi dismissing separate appeals of the appellants directed against their conviction and sentence recorded by Shri J.D. Kapur, Metropolitan Magistrate, Delhi. Each of the petitioners was convicted in respect of commission of offence punishable under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter to be referred as the Act). Parkash Chand was sentenced to undergo R.I. for six months and to pay a fine of Rs. 1000.00while Pritam Lal sentenced to undergo R I. for six months and a fine of Rs. 2000.00.

(2.) On 22nd June, 1973, at about 4 P.M. Shri O.P. Gupta, Food Inspector (P.W. 2) visited a shop of Confectioners at H-42, Rajouri Garden, New Delhi, which was being run, under the name M/s. Gay Way Bakers. Parkash Chand, petitioner who was an employee of Pritam Lal, was present at the shop. Pritam Lal was not present. Parkash Chand sold a sample of an article known as 'Dal Bhiji' to the said Food Inspector for analysis in accordance with the provisions of the Act. It is alleged by the prosecution that Parkash Chand informed Sbri O.P. Gupta, Food Inspector that said Dal Bhiji was prepared with burnt Vanaspati and that there was even a board in the show- case containing 'Dal Bhiji' reading to the effect 'Dal Bhiji' had been prepared with burnt Vanaspati Oil.

(3.) On analysis by the Public Analyst, who gave a report Ex. PE, it was found that 'Dal Bhiji' had been prepared with ground-nut oil and was thus adulterated. On receipt of the said report a complaint dated 2nd Nov., 1973 was filed by Municipal Corporation of Delhi on 16th Nov., 1973 to the effect that M/s. Gay Way Bakers, Parkash Chand, Pritam Lal and Kishan Chand be prosecuted in respect of the sale of adulterated Dal Bhiji and punished in accordance with the provisions of Sec. 7 read with Sec. 16 of the Act. It was stated in the complaint that Pritam Lal and Kishan Chand were partners while Parkash Chand was a salesman of Gay Way Bakers.