M.C.D. Vs. CHATTAR SINGH

JUDGEMENT

(1.) On 10th Feb., 1972 G.M. Mittal, Food Inspector, took sample of Dhania powder from shop No. 4/28 Kirti Nagar. One part of the sample was sent to the Public Analyst for analysis. The Public Analyst found the sample to be adulterated due to 1.22 excess in total ash per cent, 1.84 per cent excess in ash insoluble in hydrochloric and due to the presence of 5 per cent foreign matter of starches and artificial coal-tar dye.

(2.) On 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 Surinder Prakash and Chhattar Singh the licensee of the shop. The trial Magistrate found both the accused guilty of offence charged with. Chhattar Singh was sentenced to rigorous imprisonment for one year and a fine of Rs. 1,000.00 and in default of payment of fine to undergo R.I. for 3 months. Surinder Prakash was found to be below the age of 21 years and was released on probation.

(3.) Chhattar Singh went in appeal against his conviction and sentence to the Sessions Judge. Shri N.C. Kochhar, Additional Sessions Judge, who heard the appeal, found the sample to be adulterated due to 1.22 excess in total ash per cent and 1.81 per cent excess in ash insoluble in hydrochloric. The Additional Sessions Judge maintained the conviction of Chhattar Singh but altered the sentence of imprisonment lo a fine of Rs. 1,000.00. Against the order of the Addl. Sessions Judge, the Municipal Corporation has come in revision on the ground that the sentence awarded by the Additional Sessions Judge is not adequate.