RAGHBEER SAIN Vs. STATE

JUDGEMENT

(1.) The petitioner, Raghbeer Sain, was convicted by the Judicial Magistrate 1st Class, Delhi for an offence under section 16 read with section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 2,000.00and in default of payment of fine to undergo further rigorous imprisonment for six months. The conviction as well as the sentence have been confirmed in appeal by the Additional Sessions Judge, Delhi.

(2.) The prosecution case against the petitioner is that he was running a shop premises No. 206, Rani Bagli, Shakur Basti, Delhi, in Kiryana and food articles. On 22-6-1973, the Food Inspector of the Municipal Corporation of Delhi visited the shop of the petitioner and purchased 600 grams of Besan for the purpose of analysis. The procedure prescribed under the Act and the Rules framed thereunder was followed. The sample which was sent to the Public Analyst disclosed that it was adulterated inasmuch as it was insect infested and also as it contained 40% of Kesari Dal. The petitioner also had no licence to run his shop.

(3.) In support of the prosecution case, 4 witnesses were examined in the trial Court by the prosecution. P.W. 2 is Shri S. K Ahuja, the Food Inspector of the Corporation. He testified to the purchase of the Besan from the shop of the petitioner and also that the sample was sent by him to the Public Analyst for analysis. He filed the report of the Public Analyst Ex. P/'E according to which the sample of the Besan was adulterated as it was insect infested and also as it contained 40% of Kesari Dal. His evidence regarding the purchase of the Besan from the petitioner's shop was corroborated by P.Ws, o and 4.