ORDER

A.K. SIKRI,J.

The appellant was running a small kirana shop at 96-A, MIG Flats, Opposite G.T.B. Hospital, G.T.B. Enclave, Shahdara, Delhi. On 11.3.1993, some officials from the Food Adulteration Department visited his shop which was being run under the name and style “M/s Mithlesh General Store”. They lifted a sample of red chilly powder (Lal Mirch) from an open container of 2 kg. capacity from the shop of the appellant. The sample was weighed on scale in a brown sheet and divided into three parts. The entire sample collected was of 450 gms. It was sent for examination by Public Analyst. The report dated 7.4.1993 was submitted by the Public Analyst which, inter alia, affirmed that sample adulterated because it contained salt as an adulterant. Relevant portion of the report is as under: “Moisture-8.22% Total ash – 7.44% A insoluble in dil.Ncl. - 0.34% Non Voletile other extract – 20.97% Crude fibre – 19.25% Test for coaltar dye – negative Test for starch – negative Insect & Fungus – nil Microscopy-Chillies structures seen. Test for sodium chloride – positive Sodium chloride (common salt) – 2.54%”.

2. Confronted with the sample, the appellant exercised his right under Section 13(2