MADAN LAL Vs. STATE

JUDGEMENT

(1.) By this petition the legality of the judgment passed on 24th November, 1984, by an Additional Sessions Judge, New Delhi, dismissing the appeal of the present petitioner against his conviction and sentence for the offence punishable under section 7/16 of the Prevention of Food Adulteration Act, is being challenged. To appreciate the contentions of Mr. Mathur, learned counsel for the petitioner, it is useful to notice the salient facts of the case.

(2.) The petitioner is carrying on the business under the name and style of Rajdhani Masala Company. This concern was registered with the Directorate of Agricultural Marketing for gradation of ground spices and curry powder. Thus it was a dealer of Agmark products The petitioner was carrying on his business as proprietor of that concern in premises bearing No. 4298, Tri Nagar, Delhi.

(3.) On 23rd April, 1981, at about 4.30 p.m. Food Inspector M.K. Gupta (Public Witness 2) accompanied by another Food Inspector S K. Sharma (Public Witness ?5) visited the said premises. After disclosing his identity Mr. Gupta purchased a sample of red chilly powder on payment of Rs. 7.20 paisa. That powder was divided into three parts and put in three dry and clean bottles which, according to the prosecution were marked andealed. The sample on being rent to the Public Analyst was found to be adulterated as it did not conform to the prescribed standard.