MUNICIPAL CORPORATION OF DELHI Vs. STATE

JUDGEMENT

(1.) This is an appeal by the Delhi Municipal Corporation against the acquittal of the Respondent Ramji Dass who was prosecuted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.

(2.) On 12th September 1969 Shri V.P. Anand, Food Inspector, took a sample of Suji from the Grocery shop of the respondent at Nehru Bazar. One part of the sample was sent to the Public Analyst who found the sample to be adulterated on account of insect infestation. The sample was analysed on 17th September 1969 and the report of the analysis was as follows : <FRM>JUDGEMENT_138_DRJ5_1983Html1.htm</FRM> Living insects are present. Total amount of Suji passes in no. 100 sieve -1.14%. The same is adulterated as the same is insect infested (living insects are present)."

(3.) On the receipt of the report of the Public Analyst a complaint under Section 7 read with Section 16 of the Prevention of Food Adulteration Act was filed against the respondent. The learned trial Magistrate found the accused guilty of the offence charged with and sentenced him to rigorous imprisonment for 6 months and to a fine of Rs. 1000.00 and in default of payment of fine to further undergo rigorous imprisonment for 120 days.