RAM SWARUP Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of the Additional Sessions Judge, Delhi upholding the conviction of the petitioner under section. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") but reducing the sentence from one year to six months R.I. and a fine of Rs. 1000.00.

(2.) Ram Swarup, petitioner, has a shop situated as Nabi Kareem, Delhi, and among other things, he sells curd prepared from cow's milk. On 8th Aug., 1966, R.K. Nanda, Food Inspector, purchased 600 grams of curd prepared from cow's milk as a sample after paying him its price of 90 paise. He duly divided the curd into three portions and after putting them in three cleaned bottles duly sealed them. One of the bottles was handed over to the petitioner whereas the second was sent to the Public Analyst while the third was kept by him. He obtained receipt Exhibit PA from the petitioner in token of the price paid to him and served him with a notice Exhibit PB and the inventory Exhibit PC was prepared in the presence of witnesses who had seen the Food Inspector taking the sample from the petitioner.

(3.) The report of the Public Analyst showed that the sample was adulterated due to deficiency in fat percentage and did not conform to the specifications laid down. The Municipal Corporation of Delhi, through Shri Ganga Ram Sharma, Assistant Municipal Prosecutor, filed a complaint against the petitioner, on the basis of the report of the Public Analyst, under section 7/6 of the Act.