TOPAN DASS Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of an Additional Sessions Judge, Delhi upholding the conviction of the petitioner under Sections 7/16 of the Prevention of Food Adulteration Act, but reducing the sentence to six months rigorous imprisonment and a fine of Rs. 1,000.00.

(2.) Food Inspector M.S. Chadha went to the shop of the petitioner in Begum Zaidi Market, Moti Bagh No. 1, on 25.5.1970 and found him selling Amratis and Ladoos. He duly lifted samples of Amratis and Ladoos on payment of their price. The Public Analyst found them adulterated because of the presence of "unpermitted coal-tar dyes" Exhibits P.E. and P.K. The defence of the petitioner was one of total denial. He also alleged that Food Inspector M S. Chadha had come to him 2 to 3 days before the date of sampling and had demanded money which the petitioner refused to pay. He also stated that the Food Inspector had obtained his signatures on a few blank papers in order to extricate money from him.

(3.) The trial Court, however, found the accused guilty and convicted and sentenced him to one year's rigorous imprisonment and a fine of Rs. 2,000.00; in default to undergo further rigorous imprisonment for six months. On appeal the learned Additional Sessions Judge, while upholding the conviction, reduced the sentence as aforesaid.