BANARSI DAS Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment/order dated 23rd March, 1976, passed by Shri D.C. Aggarwal, Additional Sessions Judge, Delhi, dismissing the appeal of the petitioner against his conviction and sentence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954) (herein called 'the Act').

(2.) Relevant facts for disposal of this revision petition are as follows : Shri M.M. Gupta, Food Inspector of the Municipal Corporation of Delhi, on 26th March, 1974, at about 9 a.m. visited the shop (wooden stall) of the petitioner, Gali No. 1, Regharpura, Karol Bagh, Delhi, and found the petitioner selling curd there. After disclosing his identity he purchased 600 grams of curd of cows milk from the petitioner on payment of Rs. 1.50 vide Exhibit P.A. which is signed and thumb marked by the petitioner. Notice Exhibit PB which bears the signatures of the petitioner was served on him for having the sample analysed by the public analyst. The curd was divided and was put into three dry and clean bottles after adding sixteen drops of formalin in each bottle. The bottles were sealed according to rules. One sealed bottle was given to the petitioner. Inventory Exhibit PC was prepared by the Food Inspector which was read over and explained to the petitioner. The inventory Exhibit PC is signed and thumb marked by the petitioner and H.C. Saini and O.P. Saigal Food Inspectors are the attesting witnesses to it. The sample on analysis was found to be adulterated, vide report Exhibit P.E., to the extent of 35.7 per cent deficiency in milk fat. Another allegation against the petitioner was that he had not obtained the licence from the Municipal Corporation for selling milk and milk products including curd.

(3.) On the above allegation, the petitioner was tried by Shri S.N. Kapur, Metropolitan Magistrate, Delhi, who under section 7 read with section 17 of the Act by his judgment/order dated 7-7-1975 found the petitioner guilty of having sold curd to the Food Inspector which on analysis was found adulterated and also that he was selling curd without a licence. He accordingly convicted the petitioner under section 7 read with section 16 of the Act. Opportunity to contend against the proposed sentence to be awarded was afforded to the petitioner. After hearing the petitioner and the complainant (Municipal Corporation) the trial Court by its judgment/order dated 7-7-1975 sentenced the petitioner to six months, rigorous imprisonment and to a fine of Rs. 1,000.00, in default of payment of which he was sentenced to undergo further rigorous imprisonment for four months under section 7 read with section 16 of the Act for the offence of selling adulterated curd of cow milk. The petitioner was also sentenced to six months' rigorous imprisonment and to a fine of Rs. 1,000.00, in default of payment of which he was sentenced to undergo further rigorous imprisonment for two months. Both the sentences were, however, ordered to run concurrently.