M.C.D. Vs. JAGDISH PARSHAD

JUDGEMENT

(1.) The respondent, Jagdish Parshad, was tried under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954, (hereinafter called 'the Act') on a complaint filed by the Municipal Corporation of Delhi, on the allegation that the sample of Amchur Sabat purchased from the shop of the respondent, No. 2907-A, G.T. Road, Main Bazar, Sabzi Mandi, Delhi, on 3rd Oct., 1970, by the Food Inspector, M.L. Chawla (PW 1), for analysis, was found to be adulterated by the Public Analyst due to the presence of 23.8% insect infested sabat amchoor pieces. The trial Court by its judgment dated 26th Nov., 1971, found the respondent guilty of having committed an offence under section 7/16 of the Act and accordingly convicted him. The respondent was sentenced to undergo rigorous imprisonment for six months. He was also fined Rs. 1,000.00, in default of payment of fine, the respondent was to undergo rigorous imprisonment for three months.

(2.) The respondent feeling aggrieved by his conviction and sentence filed an appeal in the Court of Sessions Judge. The appeal came to be heard by Shri M.K. Chawla, Additional Sessions Judge, Delhi, who by his impugned judgment dated 10th Feb., 1972, following the ratio of decision in case of Kacheroo Mal Vs. State 1971 DLT 138 : 1974 FAC 278 holding that the presence of living insects was necessary before an article could be called insect infested, accepting the appeal, set aside the conviction and sentence of the respondent, observing that the prosecution had failed to bring home the charge against the respondent as the Food Inspector who lifted the sample had stated that he did not notice any living insect at the time he lifted the sample.

(3.) The Corporation feeling dissatisfied with the impugned judgment, has filed the present appeal.