MUNICIPAL CORPORATION OF DELHI Vs. ROSHAN LAL
LAWS(DLH)-1983-11-49
HIGH COURT OF DELHI
Decided on November 09,1983

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
ROSHAN LAL Respondents

JUDGEMENT

R.N.AGGARWAL, J. - (1.)THIS is an appeal by the Municipal Corporation of Delhi against the judgment of Shri S.C. Chaturvedi, Additional Sessions Judge, acquitting the respondent Roshan Lal of an offence under section 7 read with Section 16 of the Prevention of Food Adulteration Act.
(2.)ON 14th January, 1972 Food Inspector R.P. Singh visited the premises on M/s Roshan Lal Vijay Kumar, Sita Ram Bazar, Delhi and purchased a sample of edible Imli for the purpose of analysis. One part of the sample was sent to the public analyst who on analysis found 6 living insects in the sample. The public analyst declared the sample to be adulterated.
On receipt of the report of the Public Analyst a complaint under section 16 of the Prevention of Food Adulteration Act was filed against Vijay Kumar, vendor, Roshan Lal a working partner and the firm M/s. Roshan Lal Vijay Kumar.

(3.)THE trial Magistrate convicted Vijay Kumar and Roshan Lal but acquitted the firm M/s. Roshan Lal Vijay Kumar for the reason that the sentence of imprisonment is compulsory and since no sentence of imprisonment could be imposed on a firm or a company it has to be acquitted. Roshan Lal was sentenced to rigorous imprisonment for six months and to fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for three months. Vijay Kumar on account of his young age was released on probation.
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