NEMI CHAND Vs. STATE

JUDGEMENT

(1.) Nemi Chand, petitioner herein, was tried on the charge under section 7 read with section 16 of the Prevention of Food Adulteration Act. The Magistrate who tried the case found the accused guilty of the offence charged with and sentenced him to rigorous imprisonment of 9 months and a fine of Rs. 2,000.00 and in default of payment of fine to undergo rigorous imprisonment for 180 days. The accused preferred an appeal against his conviction and sentence and Mr. Joginder Nath, Additional Sessions Judge who heard the appeal, affirmed the conviction but reduced the sentence of imprisonment from 9 months to 6 months. The accused has come in revision against the order of the Additional Sessions Judge.

(2.) Briefly the prosecution case was that Siri Dhar (since acquitted) was running a 'halwai' shop at Kailash Colony, New Delhi. The petitioner was employed as a salesman at the said shop. On 20th June, 1973 the Food Inspector Om Parkash Gupta visited the shop of Siri Dhar and took a sample of cow's milk. One part of the sample was sent to the Public Analyst. On analysis the Public Analyst made the following report:- <FRM>JUDGEMENT_33_LAWS(DLH)3_1975_1.html</FRM> The sample was found to be adulterated due to 1.22 deficiency in milk solids not fat per cent.

(3.) On receipt of the report of the Public Analyst a complaint under section 6 read with section 16 of the Prevention of Food Adulteration Act was filed against Nemi Chand and Siri Dhar. As stated earlier Siri Dhar was acquitted.