Judgment

SHELAT, J.:- In March 1967, the appellant was an employee in a sweetmeat shop, known as Bengal Sweet Shop, being shop No. 6, Sector II, in Ramakrishna Puram, New Delhi. The shop was owned by one Budh Ram and one A. K. Bhattacharya.

2. On March 15, 1967, wit. F. Dean, a Food Inspector in the employment of the Municipal Corporation of Delhi, went to the said shop and purchased patisa which were sold to him by the appellant. These were sold to him from a lot exposed for sale. The Food Inspector then divided the patisa into three portions and packed each of them into sealed bottles, one of which was handed over by him to the appellant.

3. On an analysis of the sample by the Public Analyst appointed under the Prevention of Food Adulteration Act, XXXVII of 1954 it was found that the patisa were prepared with unpermitted coal tar dye, and therefore, were adulterated food stuff. A complaint to that effect was filed before the Magistrate, 1st Class, Delhi, who, after recording evidence, found the appellant and the said Budh Ram guilty under S. 7 (1) read with S. 16 (1) of the Act, and sentenced each of the two accused to simple imprisonment for a period of six months and a fine of R