RAMESH KUMAR BLANDOOLA Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) Holding him guilty under Sec.7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act), Ramesh Kumar Bhandoola s/o Shri K.L. Bhandoola, was convicted and sentenced to undergo rigorous imprisonment for six months with a fine of Rs. 1000.00 or in default to further undergo rigorous imprisonment for three months by a Metropolitan Magistrate, New Delhi vide jadgment/order dated 5th July, 1977. His appeal against conviction and sentence aforesaid was dismissed by an Addl Sessions Judge, New Delhi on 22nd September, 1978.

(2.) Still being unsatisfied from the decisions of the two courts holding him guilty, Ramesh Kumar Bhandoola has filed this Revision Petition.

(3.) The facts leading to the filing of this revision petition are short and can be described briefly. The petitioner was carrying on business under the name of Soverign Departmental Stores Keventer's .Lane, Sardar Patel, Marg, New Delhi. On 13th August, 1975, Food Inspector S.D. Sharma while accompanied by sample box carrier Jage visited the business premises of the petitioner and after disclosing his identity and expressing his desire to purchase a sample of Cashewnut salted fried in ground-nut oil, purchased 750 gms.of the- Cashewnuts, which were put in three dried and clean bottles in accordance with law. These bottles were fastened and sealed and one bottle was sent to the Public Analyst for getting a report. The petitioner on enquiry had informed the Food Inspector that the Cashewnuts were fried ingroundnut oil and were salted. A report dated 23rd August, 1977 was received from the Public Analyst staling therein that the sample was mis-branded as the same had been prepared with Vanaspati but it was declared to be prepared with groundnut oil. It is aftergetting the said report that a complaint was filed against the petitioner in the court of the Metropolitan Magistrate for trial.