LEELA RAM Vs. STATE

JUDGEMENT

(1.) This order will dispose of Criminal Revision of the petitioner Leela Ram, thereby challenging his conviction under Section 7 read with Section 16 of the Prevention of Food Adulteration Act 1954, (hereinafter referred to as the Act) and the sentence of rigorous imprisonment for six months with a fine of Rs. ICOO.00 or in. default of payment of fine to undergo further rigorous imprisonment for three months for having sold Ajwayan which on analysis was found to be adulterated.

(2.) Briefly stated the facts leading to the filing of this revision petition are as under:

(3.) Leela Ram petitioner was running Kiryana business in shop No. 7, Old Market, Malviya Nagar, New Delhi. M.L. Sharma Food Inspector accompanied by Food Inspector T.R. Tuli visited the business premises of the petitioner on 26th December, 1975 at about noon time where he was present. The Food Inspector expressed his desire of purchasing a sample of Ajwayan out of the different articles displayed for sale at the said premises. Accordingly 450 gms. of Ajwayan "was purchased for Rs. 1.85. The purchased 'Ajwayan was equally divided in three parts which were separately fastened and sealed in three dry cleaned bottles as per the rules. Necessary documents were prepared at the spot and one sealed bottle was delivered to the petitioner. The sample bottle was delivered to the Public Analyst on 27th December, 1975. The contents were analysed by the Public Analyst on 1st January, 1976, and the same was found to be adulterated due to 1.06%, excess inorganic extraneous matter and also due to the presence of insect infestation.