V.K.Khanna, J. - (1.) The applicant was prosecuted for committing an offence under section 7/16 of the Prevention of Food Adulteration Act.
(2.) The applicant has got a Kirana shop at 108/18 P. Road, Kanpur. On 31-12-77 at about 1.30 P.M. Food Inspector B.N. Lal visited the shop of the applicant and found him selling and exposing for sale powder of Dhania. The Food Inspector purchased 600 grams of Dhania powder. The sample was thereafter sent to the Public Analyst who reported that the total ash content was in excess i.e. 8.56 per cent and it contained sodium chloride about 4.63 per cent.
(3.) The case was tried by the Metropolitan Magistrate, Kanpur before whom the prosecution examined Food Inspector as P.W. 1, Ram Rakhan, Clerk L.H.A. Office Kanpur as P.W. 2. The defence case as set up before the Magistrate was that in the grinding process of Dhania some element of common salt was got mixed up. D.W. 1 and D.W. 2 were examined to support the defence case. The Magistrate found the applicant guilty and convicted him under section 7/16 of the Prevention of Food Adulteration Act and sentenced him to undergo R.I. for six months and to pay a fine of Rs. 1000/-. Feeling aggrieved an appeal was preferred by the applicant which has also been dismissed by the Sessions Judge, Kanpur.;