M.C.D. Vs. RAM SAHAI

JUDGEMENT

(1.) The Municipal Corporation of Delhi filed three complaints against the following four persons namely:-

(2.) It is not necessary for the purpose of the present revision petition to refer to the evidence adduced on behalf of the prosecution or on behalf of the defence. It is also not necessary to refer in detail to the statements made by the four accused under section 342 Cr. P.C. For the purpose of this case, it is sufficient to state that Ram Sahai admitted having sold the food colours to the two Food Inspectors and did not also challenge the report of the Public Analyst with regard to the ingredients which were actually found by him in these food colours. On a consideration of the evidence as well as the statements by the accused, the learned trial court acquitted Smt. Raksha Devi and Smt. Swaran Kanta of the offences with which they were charged but convicted Ram Sahai and M/s. Paradise Cooperative Industrial Society Limited under sections 7/16 of the Act and sentenced Ram Sahai to undergo imprisonment till the rising of the court and also to pay a fine of Rs. 1,500.00 or in default of payment of fine, to undergo rigorous imprisonment for a period of three months and sentenced the Society to pay a fine of Rs. 1,000.00. The Corporation thereupon filed a revision petition in the court of Session for enhancement of the sentences passed against Ram Sahai only. The learned Additional Sessions Judge, who heard this revision petition, has submitted a report to this court with a recommendation that the sentence passed against Ram Sahai may be enhanced in accordance with subsection (1) of section 16 of the Act.

(3.) Enhancement of the sentence passed against Ram Sahai is claimed no two grounds, namely:-