SATISH KUMAR Vs. STATE AND MCD

JUDGEMENT

(1.) In July 1975 Satish Kumar was running a grocery shop in premises No. M-8B, Greater Kailash Main Market, New Delhi. Food Inspector T.R. Tuli while accompanying S.N. Vij another Food Inspector visited the business premises of Satish Kumar and after disclosing his identity and following the procedure purchased 600 grams of began for analysis. Sample was sent to Public Analyst for analysis who vide his report dated 26th July, 1975 found the same to be adulterated due to the presence of insects infestation. Two dead and ten living white insects were found in the sample on 22nd July, 1975. After due proceedings the Food Inspector submitted the papers to the department wherefrom the complaint was signed by Shri R.N. Gujral on 29th Oct., 1975.

(2.) After trial Satish Kumar was convicted for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act (for short the Act) and was sentenced to R.l. for six months with a fine of Rs. 1000.00 or in default to undergo further R.l. for three months vide judgment and order dated 25th April, 1977.

(3.) Satish Kumar challenged his conviction and sentence by way of an appeal which was disposed of by Addl. Sessions Judge, Delhi on 12th Aug., 1977. Conviction of Satish Kumar was maintained but the sentence of R.L was converted to S.I.