RAI SINGH Vs. STATE

JUDGEMENT

(1.) Rai Singh has filed this revision petition against his conviction under Section 7 read with S. 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred to as the Act) and the sentence of S.I. for six months with a fine of Rs. 1000.00 or in default to undergo further S.I. for three months.

(2.) Briefly stated the facts leading to the filing of this revision petition are that the petitioner Rai Singh was running a Kiryana shop at premises No. 1A/2 Underhill Road, Delhi and was keeping different articles including red chillies for sale. On 5th September, 1973 Food Inspector S.D. Sharma visited the aforesaid shop and found the petitioner displaying different articles for sale. He was unable to produce any licence for running the said business. Food Inspector S.D. Sharma after disclosing his identity and intention of purchasing a sample of red chillies for analysis purchased 450 grams of chillies for Rs. 2.70 P. The purchased chillies were put in six dry and clean bottles making three sets of two bottles each. These were duly fastened and sealed as per the rules and relevant documents were prepared at the spot. One set of the sealed bottles was handed over to the petitioner while another was sent to the Public Analyst for analysis. The sample was analysed by the Public Analyst on 14th September, 1973 and vide report dated 18th September 1973 he opined that the sample was adulterated due to the presence of insects infestation and 2.5 percent rotten chillies. It is after the receipt of this report that a complaint was filed against the petitioner.

(3.) The petitioner was convicted under Sec. 7 with S. 16 of the Act and was sentenced to S.I. for six months with a fine of Rs. 1000.00 or in default to undergo further S.I. for three months for selling adulterated chillies and to a fine of Rs. 200.00 or in default to undergo S.I. for one month for running the business without a licence and thereby infringing Rule 50 of the Prevention of Food Adulteration Rules, vide judgment and order dated 24th April, 1979.