M C D Vs. MANOHAR LAL

JUDGEMENT

(1.) THE prosecution intended proceedings under the Provisions of Prevention of Food Adulteration Act against four accused, namely, M/s Spencers & Co., (2) Z.R. Irani, Managing Director of the Company, (3) Deo Singh and (4) Manohar Lal. The prosecution case was that a sample of honey and Tomato Ketchup was lifted from the godown of M/s Spencers & Co., Delhi. Z.R. Irani being the Managing Director of the company, (3) Deo Singh and (4) Manohar Lal. The prosecution case was that a sample of honey and Tomato Ketchup was lifted from the godown of M/s Spencers & Co., Delhi. Z.R. Irani being the Managing Director was said to be the incharge of the business at Delhi. Manohar Lal was vendor from whom sample was taken. It may be mentioned that Z.R. Irani, Managing Director of the Company has since died during trial and we are not concerned with him.

(2.) THE trial Magistrate found both the samples of honey and Tomato Ketchup to be adulterated and sentenced Manohar Lal to imprisonment for six months and to pay fine of Rs. 1,000/ - or in default to further R.I. for four months. Deo Singh was held responsible for the overall management and affairs of the company at Delhi office and was sentenced to R.I. for six months and a fine of Rs. 1,000/ - or in default to further R.I. for four months. M/s Spencers and Co., was sentenced to pay a fine of Rs. 5,000/ -.

(3.) THE learned counsel for the State referred us to the documents P.W. 12/A and other evidence to pursue us to hold that Deo Singh was incharge of affairs of the company at Delhi. Now whether he was incharge or not has been arrived at by the appellate court on consideration of various material and evidence before him. This was a conclusion he could reasonably arrive at, and sitting in acquittal jurisdiction. We can see no compelling reason to take a different view. We, therefore, are not inclined to set aside the acquittal.