PRIVATE LTD. Vs. STATE AND ANR.

JUDGEMENT

(1.) This judgment will dispose of two Criminal Revisions No. 169 and 170 of 1975 since they raise common questions of fact. Both the revisions are directed against the judgment of Mr. G.R. Luthra, Additional Sessions Judge, Delhi, who had upheld the conviction of the petitioner under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, and the fine of Rs. 2,500.00 in each case.

(2.) Mahi Lal is an employee of Edward Keventer (s) Pvt. Ltd. He is a deliveryman. His job is to take the milk from the dairy in bottles and cans and supply the same to various customers.

(3.) On Sept. 21, 1972 at about 7.30 A.M. Food Inspectors A James and Greesh Mohan Mittal found Mahi Lal carrying milk. James noticed that one of the milk cans carried by Mahi Lal had no indication on it. He bought 660 milli-litres of milk out of that can for analysis after disclosing his identity to Mahi Lal. Mittal bought 660 milli-litres of toned milk for analysis. They had added the requisite drops of formalin and decided the samples into three separate bottles. Both the samples were found adulterated by the Public Analyst The Municipal Corporation of Delhi filed complaints against Mahi Lal, M/s. Edward Keventer (s) Pvt. Ltd. and one Nand Lal under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.