INDERJEET Vs. STATE GOVT OF NCT FO DELHI

JUDGEMENT

(1.) THIS is a revision petition against the order of the learned ASJ dated 17.03.2012 upholding the conviction of the petitioner under Section 16 (1) r/w Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the "Act"). However, the learned ASJ reduced the sentence of the petitioner from six months to 3 months of simple imprisonment, but maintained the amount of fine.

(2.) THE facts in brief are that on 22.06.2004, the Food Inspector purchased a sample of "Sweetened Carbonated Non-Alcoholic Water", for analysis from vendor Sh. Nanak Chand. One sample was sent to the public analyst for analysis, who gave his report stating violation of labeling requirements. THE petitioner being the supplier and manufacturer of the product was accused for an offence punishable under Section 16 (1) (a) r/w Section 7 of the Act. A complaint was filed in the Court of the learned MM who convicted the petitioner vide judgment dated 30.01.2012 for violation of Rule 42 (ZZZ) of the Rules, punishable under Section 16 (1) (a) r/w Section 7 of the Act and awarded a sentence of simple imprisonment of 6 months and fine of Rs. 5000/- in default of which he was to further undergo simple imprisonment of 7 days. THE petitioner filed an appeal before the learned ASJ who vide order dated 17.03.2012 reduced the sentence to 3 months simple imprisonment and maintained the quantum of fine. Hence the present petition assailing the order of the learned ASJ.

(3.) THE order of the learned ASJ is upheld. THE petitioner shall complete his period of sentence.