the public analyst has reported date of analysis 10 1 1969.
hence this appeal by the municipal corporation of delhi.
revsn number 120 of h l 970.
appeal by special leave from the judgment and order dated the 24th december 1970 of delhi high companyrt in crl.
mukherjee and u. p. singh for the respondent.
on this reasoning the revision petition was allowed and the companyviction of kacheroo mal was set aside.
on the preceding facts the food inspector filed a complaint for prosecution of the respondent in respect of an offence under s. 7 read with s. 16 of the prevention of food adulteration act 1954 herein after called the act .
kacheroomals appeal before the additional district and sessions judge failed.
it arises out of these circumstances on january 8 1969 b r. kochhar food inspector purchases 600 grams of kaju tukra cashewnut pieces as sample for analysis from the grocery shop of kacheroo mal respondent in khari baoli delhi.
the act has been enacted to curb and remedy the widespread evil of food adulteration and to ensure the sale af wholesome food to the people.
criminal appellate jurisdsction civil appeal number 174 of 1971.
against the order of the additional sessions judge he preferred a revision to the high companyrt.
having heard the learned companynsel on both sides we are of opinion that the companystruction put by the learned judge of the high companyrt is manifestly erroneous it has been disapproved by a division bench of the same high companyrt in dhanraj v. municipal companyporation of delhi.
an inventory was prepared which was read over and explained to the respondent who thereafter signed it.
insect infested pieces of kajus 21.9 and i am of the opinion that the same is adulterated due to insect infested pieces of kajus to the extent of 21.9.
one of these bottles was given to the respondent one was retained by the inspector while the third was handed over to the public analyst on the following day for examination.
1 indeed mr.
the trial magistrate companyvicted and sentenced him for six months rigorous imprisonment with a fine of rs 1000/ .
the sample was divided into three equal parts and sealed into three bottles.
n. andley f. s. nariman b. p. maheshwari n. k. jain and suresh sethi for the appellant.
the judgment of the companyrt was delivered by sarkaria j. this appeal by special leave is directed against a judgment of a learned single judge of the high court of delhi.
