STATE Vs. MAHENDER KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th July, 1989 passed by the learned Additional Sessions Judge, New delhi ('asj') allowing the Criminal Appeal No. 45 of 1987 filed by the Respondents and setting aside the order dated 20th March, 1987 passed by the learned Metropolitan magistrate ('mm') convicting the Respondent no. 1 under Section 7 (1) read with Section 16 of the Prevention of Food Adulteration act, 1954 ('pfa') and sentencing him to undergo rigorous imprisonment of one year and to pay a fine of Rs. 250/- and in default to undergo simple imprisonment for two months. The Respondent No. 2 was also to pay a fine of Rs. 2,500/-

(2.) THE prosecution case is that on 16th january 1986 at about 5. 30 pm the respondent Mahender Kumar sold a sample of haldi powder to Food Inspector Shri Arun kumar on behalf of the firm, the Respondent no. 2. When it was sent for analysis, the public Analyst gave a report that the sample was adulterated. Subsequently at the request of the accused, another sample was sent to the Central Food Laboratory ('cfl') [which in this case was the Central food Technological Research Institute, mysore] which confirmed the adulteration.

(3.) THE prosecution examined three witnesses, Dr. V. K. Jaiswal, LHA (PW-1), shri Arun Kumar, Food Inspector (PW-2)and Shri Gyan Chand, Food Inspector (PW-3 ). In the statement recorded under Section 313 crpc the Respondents denied the charges.