KALI CHARAN Vs. STATE & M.C.D.

JUDGEMENT

(1.) On July 9, 1975, the Food Inspector Shri R. S. Awasthi visited the grocery shop of the petitioner Kali Charan at I.l.T. Shopping Centre, Kouz Khas, New Delhi. The Food Inspector found that the petitioner had kept at the shop Besan for sale. The Besan was in a bag and weighed about 60 Kgs. The Food Inspector purchased 600 grams of Besan as sample for analysis on payment of its price. One part of the sample was sent to the Public Analyst the same day. The Public Analyst analysed the sample that very day and found that the sample was insect infested inasmuch as 10 red living weevils and 9 white living insects were found therein. The Analyst declared the sample to be adulterated.

(2.) On the receipt of the report of the Public Analyst a complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act (hereinafter called "the Act") was filed against the petitioner.

(3.) During the pendency of the trial, on an application by the petitioner the sample in possession of the Food Inspector was sent for examination and report to the Director, Central Food Laboratory, Calcutta. The Director analysed the sample and made the following report:- <FRM>JUDGEMENT_38_LAWS(DLH)8_1978_1.html</FRM>