M.C.D. Vs. JAWAHAR SINGH

JUDGEMENT

(1.) On 30th Oct., 1976, the Food Inspector Om. Prakash Gupta visited the premises of the respondent at Laxmi Nagar, Vijay Chowk. The respondent has a sweet-meat shop. The Food Inspector after disclosing his identity to the respondent purchased sample of burfi said to have been prepared with khoya, besan, sugar, chhoti elaichi, pista and badam. The Food Inspector divided the sample into three parts and sent one part for analysis to the Public Analyst. The Public Analyst on analysis found the sample to be mis-branded to the presence of groundnut oil for which there was no declaration. On the receipt of the report of the Public Analyst the Municipal Prosecutor filed a complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act against the respondent. The respondent was also tried for running the shop without a licence.

(2.) The learned Magistrate Shri J.D. Kapur found the accused guilty of an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act and sentenced him to a fine of Rs. 500.00 or in default of fine to undergo rigorous imprisonment for three months and also sentenced the respondent to a fine of Rs. 50.00 or in default to undergo rigorous imprisonment for 3 months for selling the burfi without licence.

(3.) The Municipal Corporation has come up in revision against the order of the learned Magistrate in respect of the validity of the sentence imposed on the respondent. It is contended that the offence does not fall under the proviso to section 16(1) of the Prevention of Food Adulteration Act and the learned Magistrate was bound to award the minimum sentence provided under section 16.