M.C.D. Vs. LALA RAM AND ANOTHER

JUDGEMENT

(1.) Karan Singh, Food Inspector, P.W. 2, on 29th July, 1976, purchased a sample of ground red chillies weighing 600 grams from shop, M/s. Lala Ram Rawel Chand which sample was sold to him by Lala Ram, a partner in the said firm. The sample, on analysis, conducted by the Public Analyst on 31st July, 1979, was described as adulterated due to the presence of insect infestation. As per report of the Public Analyst, Exhibit PE, four insects were found present per 100 grams. In other words, according to the report Ex. PE, eight insects were found present in the sample. On the report of the Public Analyst, a complaint was filed against Lala Ram Rawel Chand, and also the firm, M/s. Lala Ram Rawel Chand.

(2.) The trial Court by its judgment dated 21st Feb., 1978, acquitted Rawel Chand and found the other two respondents guilty under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter called the Act) and accordingly after giving an opportunity of being heard on the question of sentence, by order of the same date, sentenced Lala Ram to six months rigorous imprisonment and to a fine of Rs. 1,000.00, in default of payment of which Lala Ram was directed to undergo further rigorous imprisonment for three months. The firm was fined Rs. 3,000.00.

(3.) Lala Ram and the firm feeling aggrieved by their conviction and sentence filed an appeal in the Court of Session. The appeal came to be heard before Shri J.D. Jain, Additional Sessions Judge (as he then was) who by his impugned judgment dated 25th July, 1978, accepted the contentions on law urged before him, set aside the conviction and sentence of the respondents. The present appeal has been filed by the Municipal Corporation of Delhi against the above-said judgment of the learned Additional Sessions Judge.