M. SHANKARAN Vs. STATE

JUDGEMENT

(1.) The present petitioner is running a Kiryana shop at No 106 Nanakpura, South Moti Bagh, New Delhi under the name of M/s. Radha Madras Store. He was prosecuted on a complaint of Municipal Corporation of Delhi for selling adulterated Coriander (Dhania) powder at his aforesaid shop under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) with the allegations that the Food Inspector Shri O.P. Mittal had purchased a sample of the said powder on 2nd Sept. 1976 which was converted into three clean and dry bottles and sealed according to Rules and one of the bottles having been sent to the Public Analyst the same was reported to be adulterated on account of presence of 5% Haldi starches. At the trial the petitioner applied under Sec. 13(2) of the Act for sending one sample to the Director of Central Food Laboratory for analysis. Relevant portion of his report is as under :

(2.) The prosecution examined in all four witnesses, out of whom, O.P. Mittal Food Inspector (PW3) and Karan Singh (PW4) are in respect of taking of the sample. Shri R.N. Gujrat (PW2) Assistant Municipal Prosecutor deposed in respect of filing of the complaint on behalf of Municipal Corporation of Delhi while Satbir Singh (PWI) deposed in respect of carrying on of the business by the petitioner at shop No. 106 Nanakpura, South Moti Bagh, New Delhi under the name Radha Madras Store.

(3.) In his statement under Sec. 313 Cr. P.C. the petitioner admitted that he was running Karyana shop aforesaid but stated that although Dhania powder weighing 600 grams had been taken from him by Shri O.P. Mittal, Food Inspector, yet the said powder was not meant for sale and he was not selling the same. He gave explanation of presence of turmeric in the Dhania powder to the effect that he had sold the turmeric, that the weighing scales were not cleaned and then Dhania powder was sold to the Food Inspector.