STATE OF PUNJAB Vs. DALIP SINGH

JUDGEMENT

(1.) THE Food Inspector on 28.11.1979 purchased a sample of Ladoos from the respondent which was sent to the Public Analyst for analysis, who reported that the sample had 6 insect fragments and contained black spots on some of the pieces but were free from fungus growth. On a complaint made against the respondent, the learned trial Magistrate Ist Class Barnala, convicted him under Sectiton 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter called the Act) and awarded him rigorous imprisonment for nine months and a fine of Rs. 1000/ - vide his judgment dated 18.5.1981 and order dated 21.5.81 respectively. In default of payment of fine, he was ordered to undergo further imprisonment for three months.

(2.) THE respondent went up in appeal. The learned Additional Sessions Judge, Barnala, vide his judgment dated 14.7.1981 acquitted the respondent on the ground that even though pieces of insects were found in the Ladoos yet the report of the Public Analyst does not indicate that the Ladoos were unfit for human consumption. In coming to this conclusion, the learned Judge relied upon Municipal Corporation of Delhi v. Khacheru Ram, AIR 1976 SC 394, and Dewan Chand v. State of Haryana, 1981 PLR 270.

(3.) THE learned counsel for the State has brought to our notice a recent judgment of the Supreme Court reported as Municipal Corporation, Delhi v. Tek Chand Bhatinda, AIR 1980 SC 360. Therein it was laid down that the words "otherwise unfit for human consumption" appearing in section 2 of the Act are disjunctive of the words preceding them and it is manifest that an insect infested article of food is adulterated within the meaning of the Act. We, therefore, allow this appeal, set aside the judgment of acquittal passed by the learned Additional Sessions Judge Barnala, convict the respondent under section 16(1)(a)(i) of the Act but, in view of the time lag involved impose a fine of Rs. 2000/ - on him. In default of payment fine he is ordered to undergo rigorous imprisonment for six months. Appeal allowed.