UNION OF INDIA Vs. PARTAP SINGH AND ANOTHER

JUDGEMENT

(1.) Since common questions of law and fact are involved in these two appeals it would be appropriate to dispose them of by a single judgment.

(2.) Partap Singh and Shiv Dutta Mal, respondents, were tried by Shri O.P. Gogne, Metropolitan Magistrate, New Delhi, on a complaint filed by the Union of India under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954, on the allegation that the sample of Besan (600 grams) sold by Partap Singh as salesman of Shiv Dutta Mal proprietor of Shiv Dutta Mal Jagdish Lal on 13th July, 1972, to Food Inspector, M.K. Bhan, on payment of paise 40 on analysis by the Public Analyst was found to be adulterated due to the presence of Kesari Dal to the extent of 90%. The prosecution examined two witnesses, namely, U.S. Sharma (PW 1) and M.K. Bhan (PW 2). So far as U.S. Sharma is concerned he proved the complaint PW 1/B and the authorisation PW 1/A, for filing the complaint. The real witness of lifting the sample was M.K. Bhan, PW 2. His testimony has been read out to us at length and has been noted by the trial court in its judgment dated 24th May, 1974. We accordingly are not called upon to recapitulate his testimony.

(3.) Before the trial Court the plea of Partap Singh was that he was working as Munim with Shiv Dutta Mal and that it was not his business to sell articles on his behalf. He further pleaded that he was forced to sell Besan by way of the sample. So far as Shiv Dutta Mal himself is concerned his plea was that he was not aware of the lifting of the sample and the same was taken in his absence. The trial Court accepting the testimony of the prosecution witnesses and disregarding the plea advanced by the respondents as also the statements of three defence witnesses who were examined by Partap Singh to state that they never saw him selling articles in the shop of Shiv Dutta Mal, by its judgment dated 20th May, 1974, held both Partap Singh and Shiv Dutta Mal guilty of having committed an offence punishable under section 16 read with section 7 of the Prevention of Food Adulteration Act. The trial Court accordingly sentenced Partap Singh to six months' rigorous imprisonment and also to a fine of Rs. 1000.00, in default of payment of which he was directed to undergo rigorous imprisonment for three months. Shiv Dutta Mal, however, was sentenced to 18 months' rigorous imprisonment and a fine of Rs. 5000.00, in default of payment of which he was to undergo six months' rigorous imprisonments.