NAND KISHORE Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Sh. V.B. Gupta, the then Metropolitan Magistrate by his judgment dated November 21, 1979 convicted Nand Kishore under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter called the Act) for the offence of selling adulterated food articles and sentenced him to R.I. for two years besides a fine of Rs. 2000.00 . He also sentenced him to pay a further fine of Rs. 500.00 for selling Khoa Pera and sweetmeats without any licence as required by Rule 50 of the Prevention of Food Adulteration Rules His partnership firm M/s. Bikaner Bhujia Bhandar was also convicted under the same provisions of the Act and was sentenced to pay a fine of Rs. 5000.00 for having sold adulterated food articles and a fine of Rs. 500.00 for selling Khoa Pera without licence.

(2.) Nand Kishore as well as his firm M/s. Bikaner Bhujia, Bhandar aggrieved by the said judgment preferred an appeal before the learned Addl. Sessions Judge who dismissed the same by his judgment dated February 14 1980 Hence this revision petition.

(3.) Sh. Bipin Behari Lal, learned counsel appearing for the petitioners has sought acquittal only on the ground that the sanction granted by the Secretary (Medical) Delhi Administration (Ex. Public Witness 1/C) was bad in law in as much as it did not appear therefrom that be had actually applied his mind before according the same. I find myself one with Sh. Lal.