N.D.M.C. Vs. CHANDAN LAL

JUDGEMENT

(1.) IN this appeal, the facts are not in dispute. On 18th May, 1973, at about 12.30 P.M., Food Inspector Shri S.C. Balla alongwith another Food Inspector Shri M.S. Chadha visited shop No. 2, Vijay Stores, Curzon Road Hostel, New Delhi. They found the accused Shri Chandan Lal selling Besan and Sabudana to a customer and also mustard oil and spices to another customer. Shri Bhalla disclosed his identity and enquired about the status of Chandan Lal in the shop who disclosed that Shri Shyam Lal Gupta was the owner and the licensee of the said business. The Food Inspector then expressed his intentions to lift he sample of besan for analysis. Shri Chandan Lal agreed to sell the said article for and on behalf of the accused Shyam Lal Gupta.

(2.) THE Food Inspector then served the notice Ex. P/A and purchased 600 grams of besan on payment of Rs. 1.20 from the accused. The sample was poured equally in three separate dry and clean bottles and all the bottles were sealed, fastened and marked in accordance with rules and procedure as laid down in the P.F.A. Act. One sealed bottle was given to the accused Chandan Lal against receipt Ex. P/B. Thereafter, the Food Inspectors completed all other formalities at the spot.

(3.) THE accused were summoned and after hearing, a charge under Section 7/16 of the P.F.A. Act was framed against the accused. They pleaded not guilty and claimed trial.