Judgment

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court dismissing the Criminal Revision petition filed by the appellant. The learned Metropolitan Magistrate, New Delhi had found the accused-appellant guilty of offences punishable under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 (in short ‘the Act’). He had sentenced him to undergo imprisonment for six months and to pay a fine of Rs.2,000/- with default stipulations. An appeal was carried and the learned Additional Sessions Judge, New Delhi, in Criminal Appeal No.61 of 1999, dismissed the same holding that the offence was made out. As noted above, a revision petition was filed before the High Court which was dismissed summarily.

2.Background facts in a nutshell are as follows:

On 27.11.1984, the Food Inspector purchased a sample of Khoya from the appellant. The Public Analyst found that the milk fat of the finished product was 19.07% as against the minimum prescribed standard of 20%. The appellant exercised his right under Section 13(2) of the Act. The appellant faced trial. As noted above, the Metropolitan Magistrate