M.C.D. Vs. TARJEET SINGH

JUDGEMENT

(1.) This petition is directed against the order of Shri S.N. Kapur, Metropolitan Magistrate, Delhi dated 27-8-1975.

(2.) The prosecution case is that on 7-2-1974, at about 4.00 P.M. Food Inspector M.L. Kakra went to the premises of the petitioner which was a small restaurant in Karol Bagh, New Delhi. Some boiled cow's milk had been stored for the preparation of tea and coffee at the restaurant. The Food Inspector took a sample of the said boiled milk and put the same in three separate bottles and duly sealed them, as required by the statute. One bottle was sent to the Public Analyst, who reported that it was adulterated due to presence of 1.33 per cent of cane sugar, an extraneous matter. A complaint was accordingly filed by the Municipal Corporation, Delhi under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 on two counts. One was that the milk sold was adulterated and secondly there was no licence for selling the same.

(3.) Necessary trial was held. The petitioner was convicted under both the charges and was sentenced to imprisonment till the rising of the Court and a fine of Rs. 3000.00 for selling adulterated milk, while for selling tea and coffee without licence, he was imprisoned till the rising of the Court and was also imposed a fine of Rs. 1000.00. Under both the counts, the petitioner was also required to undergo rigorous imprisonment in default of payment of fine.