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1979 Supreme(SC) 206

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Bal Kishan Thapar – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


Advocates:
B.P.MAHESHVARI, FRANK ANTHONY, K.C.DUA, O.P.Soni, SOLI J.SORABJI, Suresh Sethi

Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the Judgment of the Delhi High Court convicting the appellatn under Section 7/16 of the Prevention of Food Adulteration Act, read with Section 2 (ix) clauses (a) & (g) of the Act and sentenced to rigorous imprisonment of six months and a fine of Rs. 1,000/-. This order was passed by the High Court in a revision filed by the Municipal Corporation of Delhi against the Order of the Trial Court which convicted the appellant under Section 7/15 (sic) (7/16) of the Prevention of Food Adulteration Act read with Section 2 (ix) (k) of the Act and sentenced him to imprisonment till the rising of the Court and a fine of Rs. 500/-, a revision against this order to the Sessions Judge was unsuccessful and hence a further revision was taken by the Delhi Administration before the High Court.

2. The facts of the case are detailed in the Judgment of the High Court and the Magistrate and we need not repeat and same all over again. The Food Inspectors, namely, one Mr. James and Mr. Sinha took samples of a preparation called Para Excellent and Para Asli from the shop of the appellant who according to the Food Inspectors sold these p







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