REVISIONAL CRIMINAL NAWAL KISHORE Vs. STATE

JUDGEMENT

(1.) On November 1,1961, Shri M. L. Zutshi, Food Inspector, went to the shop of Shri Naval Kishore, petitioner and purchased a quantity of chillies powder for purpose of analysis. On one of the samples of that article of food being sent to the Public Analyst, for analysis, it was found to be adulterated with artificial coaltar dye.

(2.) Shri Nirmal Kumar Jain, Municipal Prosecutor, filed a complaint against the petitioner. On the petitioner being tried by Shri Jagmohan, Magistrate First Class, Delhi, he was convicted for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and was fined Rs. 400.00 only. The appeal filed by him against this conviction and sentence was heard by Shri R. N. Agarwal, Additional Sessions Judge, Delhi and was dismissed on February 26, 1966. Thereafter the present revision was filed in this Court.

(3.) The learned counsel for the petitioner assailed the judgments of the courts below by contending that no independent witnesses were called by the Food Inspector to be present when samples of chillies-powder were taken, as was required by section 10(7) of the Act. It was also urged that the report of the Public Analyst did not show the type of coaltar dye with which the sample was found adulterated and that there was nothing to show that the seal on the bottle containing the sample tallied with the specimen seal impression. Another contention raised was that Shri Nirmal Kumar Jain, who filed the complaint, was not an authorised person.