MAKHAN LAL Vs. M.C.D.

JUDGEMENT

(1.) On Oct. 30, 1971 Food Inspector K.D. Sachdeva visited the premises of Makhan Lal, petitioner herein, and purchased a sample of Sabat Amchur for the purpose of analysis. The sample was sent for examination to the Public Analyst. The Public Analyst on examination of the sample made the following report:-

(2.) On the receipt of the report of the Public Analyst, the Municipal Prosecutor filed a complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act against Makhan Lal. The trial Magistrate found the accused guilty of the offence and sentenced him to rigorous imprisonment for six months and a fine of Rs. 1,000.00. The conviction and sentence was, in appeal, affirmed by the Additional Sessions Judge.

(3.) On behalf of the petitioner it is contended by Mr. Mathur that on the finding that the article of food was insect infested it cannot be presumed that it was not fit for human consumption and that it was for the prosecution to prove that the article of food was not fit for human consumption. I do not agree with this contention of the counsel. On the report of the Public Analyst that the article of food is insect infested, it shall be deemed that the article of food is adulterated within the meaning of definition of "adulterated" as contained in Sec. 2(i)(f) of the Prevention of Food Adulteration Act. See Dhan Raj Vs. M.C.D. 1972 F.A.C. page 335.