MUNICIPAL CORPORATION OF DELHI Vs. MAHABIR

JUDGEMENT

(1.) This revision for enhancement of sentence is directed against the judgment of Mr. J.D. Kapoor, Metropolitan Magistrate, who awarded a sentence of fine of Rs. 1,000.00 only for an offence under Section 7/16, Prevention of Food Adulteration Act.

(2.) The relevant facts, in brief, are that Food Inspector R.S. Avasthi found the respondent carrying boiled cow's milk for sale in a milk can on May 14, 1975 at about 10.15 A.M. on Ajmal Khan Road, Karol Bagh, Delhi. The Food Inspector bought 660 mls of milk for analysis. After going through the requisite formalities, one of the sample bottles was sent to the Public Analyst who found it to be highly adulterated because of deficiency to the tune of 90.4% in the milk fat. The Municipal Corporation of Delhi filed a complaint on the basis of the report of the Public Analyst.

(3.) The defence of the respondent was that he was not a milk seller and was not carrying milk for sale. According to him it was skimmed boiled milk for the purpose of delivering it to Ram Naresh, D.W.I, who needed it for preparing coffee in connection with the marriage ceremony of his brother.