Decided on September 13,1983

M C D Appellant
PRABHU DAYAL Respondents


AGGARWAL, J. - (1.)THIS is an appeal by the Municipal Corporation of Delhi against the judgment of Shri P.K. Bahri, Additional Sessions Judge, dated 3rd May, 1976 by which the learned Additional Sessions Judge allowed the appeal of the respondent Prabhu Dayal against the Judgment of the trial Magistrate convicting the said respondent for the offence under Section 7 read with section 16 of the Prevention of Food Adulteration Act and sentencing him to rigorous imprisonment for one year and a fine of Rs. 1,000/
(2.)ON 14th February 1974 Shri Soni, Food Inspector, (PW 1) visited the grocery shop of the respondent Prabhu Dayal at 36 Palam Colony, Delhi. Bal Kishan an employee of Prabhu Dayal was at the shop. PW 1 purchased 450 grams of turmeric powder from Bal Kishan on payment of price of Rs. 2.50 for the purpose of analysis. The Food Inspector divided the sample in 3 equal parts and poured them in 3 clean and dry bottles. The Food Inspector prepared the inventory Ex. PC regarding the lifting of the said sample. Bal Kishan at point marked A to A in Ex. PC wrote that he was the servant of M/s. Prabhu Dayal Om Parkash, Shop No. 36 situate at Palam Colony.
(3.)THE sample of Haldi was lifted in the presence of Valid Gopal Gosthwal. Shri Vaid Gopal on the inventory Ex. PC wrote as under :
"Today the 14th February 1974 at 2 p.m. Haldi powder was taken as a sample from Shri Bal Kishan son of Durga Prasad on payment of Rs. 2.50 and sealed in three clean and dry bottles. One sealed bottle and notice were given to Bal Kishan under compulsion but Bal Kishan was saying this that he was only a servant there in the Chakki and that he had no concern with the shop. The Food Inspector forced Bal Kishan to write that he was a servant of Prabhu Dayal Om Parkash Shop No. 36."

On part of the sample was sent to the Public Analyst for analysis. The Public Analyst found the sample to be adulterated due to the presence of 50.0% foreign extraneous matter of the starches.


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