RAGHBIR SHARAN Vs. STATE

JUDGEMENT

(1.) The petitioner has been convicted for an offence under section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. l,000.00and in default, to undergo further simple imprisonment for two months.

(2.) The prosecution case against the petitioner is that on 29-6-1968 at about 1.25 P.M., Shri Brij Mohan Food Inspector, purchased a sample of basen which was exposed for sale by the petitioner at his shop No. 6. Kiryana Shop No. 19, Poultry Farm, Delhi Cantonment, and that after following the prescribed procedure, he sent a sample of this basen to the Public Analyst who sent a report to the effect that the sample was adulterated in as much as it was insect infested. After obtaining the. necessary sanction, a complaint was filed against the petitioner.

(3.) The prosecution examined 7 witnesses in the trial Court of whom P.W. 2 is the Food Inspector who purchased the sample of basen from the petitioner and P.Ws. 3 and 4 are alleged to have been present at that time. The petitioner, in his examination under section 342 Cr. P.C., admitted that the Food Inspector had purchased a sample of basen from him on 29-6-1968 but stated that at that time the basen was not insect infested. He did not examine any defence witness.