DARYAI LAL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision is directed against the sustenance be Shri K.B. Andley, Additional Session Judge, Delhi of the conviction of M/s. Jagan Nath Daryai Lal and Daryai Lal by Shri. J.D. Kapoor, Metropolitan Magistrate, Delhi under Sections 7/16 of the prevention of Food Adulteration Act (hereinafter referred to as the Act). Darvai Lal was sentenced to rigorous imprisonment for nine months and a fine of Rs. 1000/ - or in default to rigorous imprisonment for three months. The firm was required was Pay a fine of Rs. 1000/ -.

(2.) THE third co -accused Jagan Nath was acquitted by the trial court.

(3.) BRIEFLY stated, the case against the petitioner was that a sample of Haldi whole was taken into possession by M.M. Gupta, Food Inspector, from the business premises of the petitioners at shop No. 6, Khaiber pass, Delhi, on 13.7.1974. It was divided in three parts and sealed separately. One of them was sent for analyse to public Analyst, which revealed that it was 30.48% insect damaged Ehizomes.