KRISHAN LAL Vs. M C D

JUDGEMENT

(1.) This criminal revision has been filed by petitioner Krishan Lal assailing and challenging the correctness of the judgment dt/- 26-5-1978 of the learned Addl. Sessions Judge, Delhi, whereby the conviction and sentence passed by the learned Metropolitan Magistrate on 6-8-1977 were confirmed and the appeal was dismissed. The petitioner was convicted under S.7/16, Prevention of Food Adulteration Act (hereinafter to be referred to as the Act) and was sentenced to undergo the minimum sentence of six months R.I. and a fine to the tune of Rs. 1,000/- in default of payment of which he was to undergo further R.I. for three months. The petitioner was also found guilty of contravention of R.50, Prevention of Food Adulteration Rules, (hereinafter to be referred to as the Rules) and was sentenced to pay a fine in the sum of Rs. 500/- on that count and in default he was to undergo R.I. for one month.

(2.) The complaint against the petitioner was that on 20-9-1975 at about 12.00 noon co-accused Roop Chand was keeping maida for preparation of Puris and Samosas for sale at stall No.9 I.S.B.T. Kashmere Gate Delhi, of which the petitioner was the proprietor and at that time this stall was visited by the Food Inspector T.R. Tuli of Delhi Municipal Corporation and found co-accused Roop Chand working there on behalf of the petitioner. This Food Inspector disclosed his identity and purchased 600gms. of Maida on payment of Rs. 1.26P. This quantity of maida was divided equally and put into three dry clean bottles which were sealed according to rules. The Food Inspector conformed with all the formalities required by the law and the Rules pertaining to prevention of food adulteration. The sample was analysed by the Public Analyst, Prem Parkash Bhatnagar on 22-9-75 when nine white living insects were found present therein and the Public Analyst recorded his opinion that the sample was adulterated due to the presence of insect infestation.

(3.) In his testimony PW 5 Dr. S.V. Pingley Technical Adviser, Food Corporation of India, Khadya Bhavan, Delhi, on seeing the report of the Public Analyst opined that this sample of maida was unfit for human consumption due to the presence of nine white living insects.