TEJ PAL Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment of Shri P.K. Bahri, Additional Sessions Judge, Delhi dated 1-4-1976, whereby he dismissed the appeal of the petitioner and maintained the conviction and sentence passed by the learned Metropolitan Magistrate on 5-6-1975. The petitioner was convicted under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated curd of skimmed milk and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1500.00 or in default to suffer further rigorous imprisonment for four months. For the second charge with regard to the sale of curd without a licence, he was sentenced to six months' rigorous imprisonment and a fine of Rs. 1000.00 or in default to undergo further rigorous imprisonment for a period of two months.

(2.) The prosecution case is that on 19-2-1974, Food Inspector, O.P. Gupta, went to the shop of the petitioner in Tri Nagar, Delhi and purchased a sample of curd prepared from skimmed milk The same was put in three bottles as required by the Act. All the bottles were duly sealed after adding the preservative. One was sent to the Public Analyst, who reported that it was adulterated because of presence of excessive fat of 13.3 per cent. The petitioner also did not have any licence to sell the food article. A complaint was accordingly filed in the court of the Metropolitan Magistrate, who convicted and sentenced the petitioner, as already indicated in paragraph 1 ibid.

(3.) The appeal preferred before the Court of Sessions failed and consequently the conviction and sentence were maintained. Aggrieved from the said judgment, the present revision petition has been filed by the convict.