BABU RAM Vs. STATE AND M.C.D.
LAWS(DLH)-1980-2-66
HIGH COURT OF DELHI
Decided on February 01,1980

BABU RAM Appellant
VERSUS
STATE AND M.C.D. Respondents


Referred Judgements :-

BABULAL HARGOVINDAS V. STATE OF GUJARAT [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI V. KHACHERU MAL [REFERRED TO]
STATE OF KERALA VS. ALASSERRY MOHAMMED:SHANTI LAL KALIDAS GUJARATI:HANS RAJ [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. TEK CHAND BHATIA [REFERRED TO]


JUDGEMENT

D.R. Khanna, J. - (1.)This Criminal revision Is moved by Babu Ram against the sustenance by the Additional Sessions Judge, Shri J.D. Jain, of his conviction, under section 7/15 of the Prevention of Food Adulteration Act made by Shri J. D. Kapoor, Metropolitan Magistrate, Delhi. He was sentenced to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 2,000.00 or in default to further rigorous imprisonment for six months. This sentence too was maintained by the Additional Sessions Judge, Delhi.
(2.)Briefly stated the back-ground of the facts is that a Food Inspector purchased 450 grams of Ajowain from the petitioner on the after-noon of 23-8-1975. This was part of 5 kilo grams of ajowain kept by the petitioner for sale in a tin at his shop No. 4723, Pahari Dhiraj, Delhi. The Ajowain so purchased was divided in three parts and separately sealed in three bottles. One of them was sent to the Public Analyst who analysed that two days later on 25-8-1975 and found that adulterated due to the presence of insect infestation. It was noted that 11 living insects were present in the ajowain so sent.
(3.)The petitioner in his statement under Sec. 313 of the Code Criminal Procedure did not dispute the taking of the sample by the Food Inspector. He, however, asserted that ajowain was still in gunny bags and was yet to be cleaned before it was sold. The sample of 450 grams purchased by the Food Inspector was also stated to be less than the prescribed quantity, and therefore prevented its proper analysis.


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