M.C.D. Vs. DHAN KUMAR

JUDGEMENT

(1.) This appeal filed with special leave is directed against the judgment dated 6th Sept., 1971 passed by Shri H.C. Goel, Additional Sessions Judge, Delhi, whereby he accepted she appeal of the respondent against the order of Shri B.L. Anand, Judicial Magistrate 1st Class, Delhi, passed on the 17th March, 1971, by which order the learned Magistrate had convicted the respondent under sections 7/16 of the Prevention of Food Adulteration Act. (herein called the Act') and sentenced him to six months rigorous imprisonment and a fine of Rs. 1,000.00; in default of payment of fine the respondent was to undergo rigorous imprisonment for a further period of three months, for having sold adulterated salt.

(2.) The facts necessary for disposal of this appeal are as follows.

(3.) R.P. Singh, Food Inspector of Municipal Corporation of Delhi, P.W. 1, on May 13, 1970, found the respondent selling salt which was stored in five bags near Munshi Ram Flour Mills, Purana Seelampur, Delhi-31. After introducing himself, the Food Inspector bought 600 grams of salt from the respondent vide receipt Exhibit P.A after payment of five paise. The Food Inspector gave notice, Exhibit P.B., to the respondent intimating that the sample was taken for analysis. The salt bought was then put in three dry and clean bottles which were scaled in accordance with the Rules. One sample bottle was given to the respondent vide Exhibit P.C. Another sample bottle was sent to the Public Analyst for analysis vide Exhibit P.O. who found the sample to be adulterated vide his report Exhibit P.F. and intimated that the same was adulterated due to 3.31 excess in matter insoluble in water on dry weight basis percent and due to the presence of visible contamination of extraneous matter like grit.