STATE Vs. RAM CHANDER

JUDGEMENT

(1.) This appeal is directed against the judgment dated February 28, 1987 of an Additional Sessions Judge, New Delhi by which he had allowed the appeal against judgment and order dated November 19, 1985 and 20th December 1985 of the Metropolitan Magistrate by which he had convicted the respondent of an offence punishable under Section 7 read with Section 16 of the Prevention of Food Adulteration Act and had sentenced him to rigorous imprisonment for six months and to pay a fine of Rs.2,500.00 and in default to undergo simple imprisonment for three month. The learned Additional Sessions Judge had acquitted the respondent of the said offence.

(2.) The undisputed facts of the case, in brief, are that on 21st October 1982 at about 1 P.M,PW1 Sh.V. P.S.Chaudhary, Food Inspector, accompanied by Sh.Naresh Kumar, Local Health Authority and PW4 Sh.Siya Ram, Field Assistant had come to the sweetmeat shop of the respondent which was being run under the name & style of M/s.Nanda Sweets at E-11, J.J.Colony, Budh Nagar, Delhi and respondent Ram Chander was found present attending to the business of the shop. A'sample of Lal Mirch kutti (red chilli powder) -was lifted from a COntainer. It has come Out in evidence that the said container containing red chilli powder was brought from the first floor Of the premises and the sample was taken by the Food Inspector. However, the respondent declined to accept any price for selling the Sample on the plea that the said food article Was not for sale as such.

(3.) PW1/A, a vendor's receipt, was prepared by the rood Inspector which was signed by the Food Inspector, the respondent/accused as well as PW4. It came in testimony of PWI that Sh.Naresh Kumar, Local Health Authority, had brought the said container containing the red chilli power from the first floor of the shop. In his testimony in Court, PWI, Food in spector did not say that the said chilli powder was being kept stored on the first floor of the shop for being used in preparation of any food article being sold in the said shop located at the ground floor. There appears an endorsement in Ex.PW1/A which says that the respondent had stated that the said red chilli powder was not meant to be sold as such but was being kept for use in preparing samosas.