MANOHAR LAL Vs. STATE

JUDGEMENT

(1.) On 29th July, 1976, the petitioner before this Court was found selling cow's milk, opposite to a place known as Mahavir Restaurant 'C' block, Connaught Place, New Delhi. Food Inspector Sh. S.D. Sharma purchased a sample of cow's milk from him, which on analysis by the Public Analyst, was found adulterated due to 0.2 deficiency in milk fat percentage which is equivalent to 5.7 percentage deficiency in milk fat. The report of the Public Analyst is dated July 31, 1976. A charge under Sec. 7/16 of the Prevention of Food Adulteration Act was framed against the petitioner. After trial, the petitioner was convicted of the offence charged with and sentenced to undergo S.I. for six months and to pay a fine of Rs. 1000.00 only. In default of payment of fine, to further under go S.I. for 2 months. In appeal, the order of conviction and sentence was confirmed by the Additional Sessions Judge on February 17, 1979.

(2.) . In the present revision petition, learned counsel for the petitioner has challenged the very basis of the filing of the complaint, inasmuch as the order of sanction to prosecute, has neither been proved accordance with law nor it has been given by the Director of Health Services, after proper application of mind, in reference to the facts on which the proposed prosecution was to be based.

(3.) . There is some force in the argument. Ex. Public Witness . I/B is the consent inquestion. It is sought to be proved from the evidence of PW-1 Shri R.C. Sharma, M.P., New Delhi Municipal Committee, in the following words :-