Sarkaria, J. - (1.) The appellant was tried and convicted under Section 7/16 of the Prevention of Food Adulteration Act, for selling adulterated rock salt, by the Judicial Magistrate, First Class, Delhi, and sentenced to six months' rigorous imprisonment and a fine of Rs. 1000/- on March 17, 1971. The Additional Sessions Judge on September, 6, 1971 accepted his appeal and set aside his conviction and sentence. Against that acquittal an appeal was filed in the High Court of Delhi which reversed the acquittal and convicted the appellant, restoring the sentence awarded by the Judicial Magistrate.
(2.) Dhan Kumar has now come in appeal after obtaining special leave under Article 136 of the Constitution, to this Court.
(3.) The prosecution case was as follows: On May 30, 1970, at about 11.30 A.M. Shri R. P. Singh, Food Inspector, found five bags of white (rock) salt belonging to the appellant lying on the foot-path near the entrance to Munshi Ram Flour Mills. The appellant, Dhan Kumar, was there. The Food Inspector Shri R. P. Singh, then in the presence of Shri O. P. Sehgal (P. W. 3) another Food Inspector; Bishamber Dayal (P. W. 4) an employee of the said Mills, and Police Constable Jungpal Singh (D. W. 4) purchased 600 grams of that salt for five paise for the purpose of getting the same analysed, and obtained the receipt (Ex. P-A) from the appellant. A notice (Ex. P-B) was given by the Food Inspector to the appellant, intimating that the sample would be got analysed. The sample was divided into three parts which were put into three separate bottles and sealed. One sealed bottle was handed over to the accused and the remaining two were retained by the Food Inspector. Shri R. P. Singh prepared the inventory (Ex. P-C) in the presence of the said witnesses and obtained the signature of the appellant thereon. This inventory was attested by the witnesses who were present there including Police Constable Jungpal Singh (D. W. 4).;