M C D Vs. PRABHU DAYAL

JUDGEMENT

(1.) THIS is an appeal by the Municipal Corporation of Delhi against the judgment of Shri P.K. Bahri, Additional Sessions Judge, dated 3rd May, 1976 by which the learned Additional Sessions Judge allowed the appeal of the respondent Prabhu Dayal against the Judgment of the trial Magistrate convicting the said respondent for the offence under Section 7 read with section 16 of the Prevention of Food Adulteration Act and sentencing him to rigorous imprisonment for one year and a fine of Rs. 1,000/

(2.) ON 14th February 1974 Shri Soni, Food Inspector, (PW 1) visited the grocery shop of the respondent Prabhu Dayal at 36 Palam Colony, Delhi. Bal Kishan an employee of Prabhu Dayal was at the shop. PW 1 purchased 450 grams of turmeric powder from Bal Kishan on payment of price of Rs. 2.50 for the purpose of analysis. The Food Inspector divided the sample in 3 equal parts and poured them in 3 clean and dry bottles. The Food Inspector prepared the inventory Ex. PC regarding the lifting of the said sample. Bal Kishan at point marked A to A in Ex. PC wrote that he was the servant of M/s. Prabhu Dayal Om Parkash, Shop No. 36 situate at Palam Colony.

(3.) THE sample of Haldi was lifted in the presence of Valid Gopal Gosthwal. Shri Vaid Gopal on the inventory Ex. PC wrote as under :