MUNICIPAL CORPORATION OF DELHI Vs. KANSHI RAM, S/O TOTA RAM, PARTNER M/S. KANSHI RAM BHIM SEN, R/O 25, GADODIA MARKET, KHAN BAOLI, DELHI,

JUDGEMENT

(1.) Since similar questions of law and fact arise in Criminal Appeals No. 121-D to 125-D of 1964, they are being disposed of by this common judgment.

(2.) Kanshi Ram is a dealer in Zira and Tea. He is the owner of shop No. 20 situated in Gadodia market and godown No. 107 situated at Masjit Tehwar Khan, The goods are stored in the godown and sold at the shop. Three food inspectors' namely, Lekh Raj Bhutt, Charan Singh and Phuman Ram, of Municipal Corporation of Delhi went to the shop of Kanshi Ram on 2nd Aug. 1960. Lekh Raj Bhutt and Phuman Ram, Food Inspectors, took one sample each of Kala Zira from the shop for analysis after paying its requisite price. Charan Singh took two samples and Phuman Ram one sample of Kala Zira from the Godown for analysis after paying its price. Each sample was fully divided into three equal parts and put in three dry and clean bottles which were duly sealed. One such bottle was given to Kanshi Ram, second bottle was sent to public analyst, while the third was kept by the Food Inspector according to the Rules For each sample an inventory was prepared and a receipt for the payment of its price was obtained from Kanshi Ram. Kanshi Ram was also given notice informing him that the sample was being taken for analysis by the public analyst. AH the documents were signed by Kanshi Ram wherein he made endorsements to the effect that he had given sample of Khar Zira.

(3.) In respect of the samples taken from his godown, he had also added that sample was being given without claiming it since goods are sold after being claimed. He had also written in these endorsements that a board had been displayed outside the godown saying that the goods are not ready for sale. AH the samples were duly sent to the public analyst, for analysis who declared them to b; adulterated due to absence of characteristic flavour of Kala Zira. After the receipt of this report the Municipal Corporation of Delhi filed complaints against Kanshi Ram under section 7/16 of the Prevention of Food Adulteration Act.