DAYA CHAND Vs. STATE AND UNION OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the, conviction of the accused, which was upheld by the Additional Sessions Judge, Delhi, by dismissing Criminal Appeal No. 62 of 1974. The accused had been convicted under section 7 read with section 16 of the Prevention of Food I Adulteration Act, 1954, and sentenced by the trial court to one year's rigorous i imprisonment and a fine of Rs. 1,000.00. In default of payment of the fine he was to undergo further rigorous imprisonment for three months.

(2.) The prosecution case against the accused was that on 5th of Aug., 1972, at about 1.30 p.m. Food Inspector M.K. Bhan of the Directorate General Health Services, Government of India, visited the shop of Messers Kishan Chand Vinod Kumar at 17, Gadodia Market, Delhi, and purchased from Daya -Chand petitioner 600 grams of Amchoor on payment of 0.60 P. vide receipt Exhibit P.A. Notice Exhibit P.B. was served on the petitioner. The quantity of 600 grams of Amchoor was divided into three parts and each part was put into a clean bottle. The bottles were sealed and fastened in accordance with law. One of the bottles was handed over to the petitioner.

(3.) The sample sent for analysis was examined and the report of the Public Analyst Exhibit P.E. was relied upon for uigmg that the petitioner was guilty under the Prevention of Food Auultcration Act (hereinafter called "the Act") and his conviction was based on the said document.