A.V.VARADARAJAN, P.N.BHAGWATI
Municipal Corporation Of Delhi – Appellant
Versus
Man Mohan Lal – Respondent
JUDGMENT:- This is an appeal against an order passed by the Additional Sessions Judge and confirmed by the High Court of Delhi acquitting the first respondent of the offence under Section 16 read with Section 7 of the Prevention of Food Adulteration Act. The first respondent was charged with the offence of selling adulterated besan and the contention of the prosecution was that the besan sold by the first respondent was insect infested and was, therefore, unfit for human consumption and was accordingly adulterated within the meaning of Section 2 (ia) (f) of the Act. The learned Magistrate who tried the first respondent took the view that the besan was insect infested and must therefore be taken to be unfit for human consumption and he accordingly convicted the first respondent of the offence under Section 16 read with Section 7 and sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rupees 1,000/- or in default to suffer rigorous imprisonment for a further period of three months. He also convicted the first respondent for selling besan without a licence and sentenced him to pay a fine of Rs. 500/- or in default to undergo rigorous imprisonm
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