MUNICIPAL CORPORATION OF DELHI Vs. KARAM CHAND

JUDGEMENT

(1.) A complaint filed by the Assistant Municipal Prosecutor against Shri Karam Chand, under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954, was tried by Shri S C. Ahuja, Judicial Magistrate Class, Delhi. The trial Magistrate found the accused guilty and sentenced him to rigorous imprisonment for a period of one year and six months and fine of Rs. 1,000.00 and in default of the payment of fine, three month's further rigorous imprisonment.

(2.) On an appeal being filed by the accused to the Court of Sessions it was accepted on September 19.1973 by Shri R. K. Sinha, Additional Sessions Judge. The learned Additional Sessions Judge acquitted the accused after holding that at the time of the sale. the accased had told the Food Inspector that the milk which he was selling was "separated" milk and on analysis also, the milk sample was found to conform to the standard prescribed for skimmed milk.

(3.) Against the order of acquittal made by Shri R. K. Sinha, the Municipal Corporation of Delhi filed the present appeal, with special leave obtained unner provisions of section 417(3) of the Code of Criminal Procedure, 1898.