GULAB CHAND Vs. STATE

JUDGEMENT

(1.) Petitioner Gulab Chand has been convicted by Municipal Magistrate, Ajmer, on September 10, 1962, of an offence under Section 16(1) (a) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereafter referred to as the Act) and sentenced to rigorous imprisonment for 1 month and a fine of Rs. 200/-. In default of payment of fine, he has been ordered to undergo further rigorous imprisonment for 2 months. The petitioner went up in appeal to Sessions Judge, Ajmer, but without success, and he has therefore filed the present revision petition.

(2.) The facts of this case are not in dispute. The petitioner is a confectioner and used to sell sweets at his shop in Karakka Chowk, Ajmer city. He professed to prepare the sweets with pure 'ghee'. Food Inspector Kartar Singh P. W. 1 went to the petitioner's shop on March 10, 1962, at about 6-30 p.m., and gave him a notice (Ex. p-1) for obtaining a sample of the 'ghee' which was there at that time. The sample was taken by the Food Inspector who paid Rs. 3 nP 15 an its price to the petitioner, one of the samples was sent to the Public Analyst for examination. Ex. P-5 is the report of the Public Analyst according to which the sample was found to be adulterated. The petitioner was therefore prosecuted by the Municipal-Prosecuting1 Inspector, Ajmer, who, it is claimed1, had been authorised by the Administrator of the Ajmer Municipal Council to exercise the powers under Section 20 of the Act. On trial, the learned Magistrate convicted and sentenced the petitioner as mentioned earlier.

(3.) Food Inspector Kartar Singh P. W. 1 was the only-witness examined on behalf of the prosecution. The accused took the plea that he had purchased the 'ghee' from M/s Ghanshyamdass Bholaram and that he had not made any adulteration in it. He produced certain receipts evidencing the purchase of 'ghee' by him and examined four witnesses in his defence.