HANS RAJ Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of an Additional Sessions Judge, Delhi, upholding the conviction of the petitioner under section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') while reducing the sentence of six years rigorous imprisonment and a fine of Rs. 20,000 to two years rigorous imprisonment and a fine of Rs. 5,000.

(2.) The prosecution case, briefly stated, is that on September 23, 1972 Food Inspector J. S. Chadha went to shop No. B-1242, Shastri Nagar, Delhi. This shop is owned by one Chaman Lal who sells spices in sealed packets. The Food Inspector, after disclosing his identity, bought 450 grams each of turmeric (haldi) and chillies powder, and divided them into three equal parts according to the rules. Separate memos in respect of both the articles of food were prepared. When the samples were sent to the Public Analyst both were found adulterated. The report of the Public Analyst shows that turmeric was found to be adulterated "due to 1.95 excess in total ash per cent by weight and due to the presence of 40.0 per cent foreign matter." Chillies powder was found to be adulterated "due to O.62 excess in ash insoluble in dil. Hcl per cent and due to the presence of artificial coal-tar dye."

(3.) The Food Inspector had taken into possession the packets from which the samples were taken. On each packet of haldi and chillies powder the words "Hans Masala Co." were found printed. Chaman Lal produced cash memo Exhibit Public Witness 2/A dated August 5, 1972 issued by Hans Masala Co. and told the Food Inspector that he had bought the spices from the petitioner. This cash memo contains a warranty: "We hereby certify that foods mentioned in this invoice are warranted to be same in nature, substance and quality as that demanded by the vendor." Food Inspector Chadha therefore went to the residence of the petitioner. He found that masala was lying loaded in packets in a cycle-rickshaw for being sent to the market. He questioned the petitioner who admitted issuing the cash memo Exhibit PW 2/A and selling masalas mentioned therein in sealed packets. The Food Inspector found similar packets of haldi and chillies powder Exhibits PI to P14 lying there and took them into possession.