CHANDER BHAN Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of Mr. M. K. Chawala, Additional Sessions Judge, upholding the conviction of the petitioner under section 7/16 of the Prevention of Food Adulteration Act and the sentence of one year's rigorous imprisonment and a fine of Rs. 5,000.00.

(2.) M/s. Aroma Ice Cream Factory is a partnership firm having Chander Bhan and Lekh Raj as partners. Under licence from the Delhi Municipal Corporation, this concern manufactures and sells ice-cream. Its place of business is D-44 New Delhi South Extension I.

(3.) Parkash Chopra, P.W. 3, who is a Food Inspector, visited the premises of M/s. Aroma Ice Cream Factory on May 29, 19/0 at about 10.50 A.M. He found Munshi Ram loading the Rehris with ice4cream. After disclosing his identity, Parkash Chopra purchased two samples of ice-cream for analysis. The ice-cream was duly sealed in clean and dry bottles after adding requisite drops of formalin in each bottle. On analysis the Public Analyst found the samples of ice-cream adulterated "as the Butyro Refractometer reading at 400C was found 7.8 excess and the Baudouin Test was found positive of the extracted fat" from ice-cream. The Delhi Municipal Corporation filed two complaints under section 7/16 of the Prevention of Food Adulteration Act against Munshi Ram and Chander Bhan. Munshi Ram could not be served with the process issued by the trial court and so he was declared an absconder. The defence set up by Chander Bhan was that he was a sleeping partner and was not responsible for the conduct of the affairs of the partnership firm. It was also alleged that Munshi Ram was not a salesman of the firm.