RANVIR SARAN Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This revision petition is directed against the judgment of the Additional Sessions Judge passed in Criminal Appeal No. 22 of 1997. Brief facts necessary to dispose of this revision petition are recapitulated as under:

(2.) On 20.5.1987 a team of Food Inspectors visited the Kirana Shop of the petitioner. According to the prosecution, the petitioner purchased 550 gms of Anardana whole for analysis. The sample was divided into three parts after mixing properly the food article in accordance with the PFA Act and Rules. In accordance with the PFA Act and Rules, the process of packing, marking, fastening, sealing, etc. was also completed. The report of the Public Analyst stated that sample does not conform to the standard as per Section 2(ix) as the food article has been kept in insanitary condition as sample contained large number of Rodent Excreta (361/Kg and hair 13 per Kg.). Accordingly, it was held that the petitioner had violated the provisions of Section 2(ia)(a)(b) punishable under Section 16(1)(1A) read with Section 7 of the Prevention of Food Adulteration Act, 1954. In order to prove the case of the prosecution, the prosecution examined S.R. Nimje, LDC (Public Witness -1), Dr. G.C. Raha, LHA (Public Witness -2) and the Food Inspector who purchased a sample of Anardana from the accused No. 1 and Mr. P.C. Tiwari (Public Witness -4) who had joined as witness by K.K. Mittal, Food Inspector to the sample proceedings.

(3.) The petitioner examined Dr. K.V. Nagaraja, Director, CFL, Mysore. He had also examined himself as DW-1. The Petitioner stated that he bought one kilogram Anardana for sale at his shop. He also stated that during the previous night of the incident the rats damaged the packet and the contents were scattered all over the floor. He swept the floor and kept this sweeping in the `garbage tin' and the sample was picked up from the garbage tin. He stated that Anardana in question was not fit for sale when Anardana contained half of Rodent Excreta. He further stated that a shopkeeper could neither sell the same nor any customer would buy the Anardana with Rodent Excreta. However, the learned Metropolitan Magistrate arrived at the conclusion that the prosecution had proved the case beyond reasonable doubt and convicted the appellant and sentenced him to one year's R.I. and fine of Rs.2,000.00 .