GANGA RAM Vs. STATE

JUDGEMENT

(1.) This Revision is directed against the judgment of Shri J.D. Jain, Additional Sessions Judge, Delhi upholding the conviction of the petitioner under Sec. 7/16 of the Prevention of Food Adulteration Act but reducing the sentence to simple imprisonment for one month and a fine of Rs. 1,000.00.

(2.) The petitioner was found selling panir at his shop at Rani Jhansi Road, Delhi on 7th Nov., 1968 at about 9.30 P.M. by H.K. Bhanot Food Inspector of the Municipal Corporation of Delhi. 600 grams of panir was purchased as sample for analysis on payment of its requisite price. It was divided into three equal parts and put in three dry and clean bottles after putting in 16 drops of formalin in each bottle as enjoined by the rules. 'The Public Analyst vide his report Lxh. P-E dated 21st Nov., 1968 food Aotte panir adulterated because of a deficiency of 15.03 per cent in fat of & dry matter percent. Municipal Corporation of Delhi filed a complaint under Sec. 7/16 of the Prevention of Food Adulteration Act against the petitioner. During the trial the petitioner got the sample bottle lying with the Food Inspector sent to the Director of Central Food Laboratory Calcutta who reported that the sample was highly decomposed and was unfit for analysis.

(3.) The trial-court found the petitioner guilty and convicted him and - sentenced him to six months rigorous imprisonment and a fine of Rs. 1,000.00 in default of payment of which to undergo three months rigorous imprisonment. On appeal, the learned Additional Sessions Judge while up-holding the conviction reduced the sentence to one month's simple imprisonment and a fine of Rs. 1,000.00 in default of payment of which to undergo one month's simple imprisonment.