SARDAR SINGH Vs. STATE

JUDGEMENT

(1.) Since common questions of law are involved in these petitions it would be appropriate to dispose them of by a single judgment.

(2.) For the purpose of disposal of these petitions, facts of Cr.R. 338 of 1972 are being noted as the arguments were addressed by the parties on the the basis of the said facts.

(3.) Shri O. P. Khurana Food Inspector on 8th Dec., 1970, went to the shop No. 1410, Gali Telian, Tilak Bazar, Delhi, run by the petitioner where he was found to have kept red chillies powder for sale. The Food Inspector after disclosing his identity purchased from the petitioner six packets in card board boxes, of red chillies powder for purposes of analysis on payment of Rs. 5.40 as price vide receipt Exhibit P.A. The packets so purchased bore the label indicating "Kashmiri March Agmark" in original packing manufactured by Bawa Masala Company, Delhi. They were sealed into three parts according to the rules. The Food Inspector gave notice Exhibit P. B. and also prepared inventory Exhibit P.C. Documents Exhibit P.A. to P.C. were signed and thumb marked by the petitioner. One sample packet was given to the petitioner while the second was sent to the Public Analyst for analysis, and the third was retained by the Food Inspector. The Public Analyst vide his report Exhibit P.E. found the sample to be adulterated due to 0.33 excess in total ash per cent by weight and 0.26 excess in ash insoluble in dil hcl, per cent by weight. A copy of the report was delivered to the petitioner. 3A. On receipt of the report from the Public Analyst a complaint was filed against the petitioner for having infringed the provisions of section 7 punishable under section 16 of the Prevention of Food Adulteration Act (herein to be called "the Act").