MOHINDER PERSHAD Vs. STATE

JUDGEMENT

(1.) On a complaint filed on behalf of the Delhi Municipal Corporation against Shri Mohinder Prasad, under section 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954, the accused was convicted by a Judicial Magistrate and was sentenced to simple imprisonment for a period of six months and fine of Rs. 1,000.00. Against the order of his conviction and sentence dated Sept. 19, 1969 Shri Mohinder Pershad prepared an appeal. The appeal was dismissed on Sept. 3, 1970 by Shri D. R. Khanna, Additional Sessions Judge, Delhi. Thereafter on Sept. 5, 1970 the present revision was filed in this court.

(2.) The facts giving rise to the revision were that on July 10, 1969 K.D. Sachdeva, a Food Inspector of the Municipal Corporation of Delhi, went to the Kariana shop of Mohinder Pershad petitioner, situated near the bus-stand Nangloi, Najafgarh road, Delhi. The Food Inspector purchased From the petitioner a quantity of Amchur Sabat for purposes of analysis. The Amchur so purchased was divided into three portions, each one of which was scaled in a dry bottle. One of the samples was given to the petitioner and another one was passed on to the Public Analyst on the same day.

(3.) The sample sent to the Public Analyst was analysed on July 21, 1960 and it was found that the Amchur was insect-infested to the extent of 13.14 percent. A report dated July 25, 1969 was accordingly sent Shri Prem Parkash Bhatnagar, Public Analyst, to the Food Inspector in which an opinion was also expressed that the sample was adulterated due to the presence of 13.14 per cent insect-infested pieces of Sabat Amchur.