RAM KUMAR Vs. STATE AND M.C D.

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 19th March, 1977, passed by Shri K.B. Andley, Additional Sessions Judge, Delhi, whereby he rejected the appeal of the petitioner against his conviction and sentence in a case under section 7/16 of the Prevention of Food Adulteration Act (hereinafter called the Act).

(2.) The relevant facts for disposal of this petition are that Food Inspectors J.S. Chadha and M.S. Behral took samples of Dal Arhar from the petitioner from the premises of Mahadev Dal Mill. G.T. Road, Shahdra. The samples on analysis were found to be adulterated, the adulteration being of prohibited coaltar dye. On receipt of the report of the Public Analyst, the firm Mahadev Dal Mill and its partners, Shambu Dayal, Sardar Singh, Suraj Bhan and Laxmi Narain as also the petitioner were prosecuted on a complaint filed by the Municipal Corporation of Delhi, for having committed an offence under section 7/16 of the Act. The trial Court after going into tire evidence directed that further investigations be made against the firm and its partners and discharged the firm and its partners by its order dated 16th July, 1975, with a direction to the prosecution to "file a fresh complaint after thorough investigation as to who were the partners of Mahadev Dal Mill on the taking of the sample and against the firm M/s Mahadev Dal Mill". The petitioner, however, was found guilty of having committed the offence complained of against him and was sentenced to six months' rigorous imprisonment and a fine of Rs 1000.00 and in default of payment of fine, he was to undergo rigorous imprisonment for three months by the trial Court (Shri J.D. Kapoor, Metropolitan Magistrate, Delhi), on 15th Oct., 1976.

(3.) Feeling aggrieved by his conviction and sentence, the petitioner challenged the same in appeal before the Sessions Judge. The appeal was heard by Shri K.B. Andley, Addl. Sessions Judge, who, as already noted above, by his impugned order maintained the conviction and sentence. In the result, the appeal was dismissed.