HARI RAM Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of Mr. D.C. Aggarwal, Additional Sessions Judge, Delhi, upholding the conviction of the petitioner under Sec. 7/16 of the Prevention of Food Adulteration Act but reducing the sentence of rigorous imprisonment from one year to six months while maintaining the fine of Rs. 2,000.00

(2.) The records of the trial court of this case were lost an a fire which broke out in the Record Room (Criminal) of Tis Hazari Courts on June 13, 1974. In order to reconstruct the records the parties Were directed to file true copies of the documents in their possession. The petitioner filed the true copies of the statements of various witnesses which were in his possession. These Were taken on record and with the help of the same the file was reconstructed.

(3.) The petitioner runs shop No. 29, South Municipal Market, Kidwai Nagar, New Delhi. He sells sweet-meats. On Oct. 22, 1971 S.C. Bhalla, Food Inspector of the New Delhi Municipal Committee, lifted a sample of sweet-meat known as 'Rasbhari' for analysis. It was stated to have been prepared by Channa, maida and sugar to which some colouring matter had been added. The requisite price of Rs. 10.50 for half a kilogram of sweet-meat was paid to the petitioner and relevant documents Exhibits P.A. to P.E. were prepared. These were got thumb-marked and signed by the petitioner. The sweet-meat was duly divided into three parts and put into three dry and clean jars and duly sealed. One of these jars was given to the petitioner whereas the other was sent to the Public Analyst.