BHAGWANDASS Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by Bhagwan Das who was convicted by a Magistrate under Section 7 (ii) /16 of the Prevention of Food Adulteration Act and sentenced to pay a fine of Rs. 2,000/- or in default one years rigorous imprisonment, the sentence being reduced in appeal to a fine of Rs. 700/- or in default 3 1/2 months' imprisonment.

(2.) The facts in this case are that on the 9th of May 1958, G. P. Baweja, a Food Inspector of the Delhi Corporation, visited the shop of J. B. Bottling Co. on Desh Babdhu Gupta Road at Delhi and purchased from the petitioner three bottles of the aerated water called 'Rose' which were treated as the three samples required to be taken under the Act, one being sent for analysis, one kept in reserve and one left with the accused.

(3.) The report of the Public Analyst regarding the contents of the bottle sent to him for analysis reads