SUKHBIR SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is directed against the judgment and order dated 6/09/2001 paased by the Court of Addl.Sessions Judge, New Delhi dismissing appeal of the petitioner, upholding hie conviction in the two cases (Nos.33/92 & 40/92), under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (for short "PFA Act') and the sentence to undergo SI for one year with a fine of Re.2,000/-, in default one month SI, in each case and directing both sentences to run concurrently.

(2.) Admit. The point involved in the petition is very short. I have heard learned counsel for the petitioner, learned APP for the State and have been taken through the record.

(3.) Facts in brief are that on 19/02/1992 at 4.00 p.m., Food Inspector purchased a sample of "Lalmirchi" and "Haldi" powder from the petitioner at Sukhbir Masala Stall at Patri opposite New Public Dairy C-1/1, Nehru Vihar Dayalpur, Delhi which were stored for sale. The sample was seized and sealed as per the PFA Act and the Rules made thereunder. The samples were found adulterated because total ash and ash insoluble in dilute HCL were found beyond the maximum prescribed limit. These were also found containing in abundance of foreign starches and coloured with an unpermitted oil soluble coaltar dye. Petitioner did not exercise his right under Section 13(2) of PFA Act. Both the cases were ordered to be proceeded as a warrant trial cases. Learned trial court held that the petitioner had contravened the prescribed standards and also Sections 2(i-a) (a) (j) (m). The petitioner was held guilty under Section 16(1)(1A) read with Section 7 of PFA Act in both the cases. Both the sentences were ordered to run concurrently. Appeal filed by the petitioner was also dismissed vide judgment and order dated 6/09/2001. Petitioner has assailed the same.