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DELHI HIGH COURT
PRITAM SINGH SAFEER
Sunder Lal – Appellant
Versus
Municipal Corporation – Respondent
JUDGMENT
P.S. Safeer, J. This petition No. 128 arises out of trial of case no. 721/3 of 1970. It is connected with Cr.R. 129 of 1972. Petitioners in the two are Sunder Lal and Nand Lal & Co.
2. This judgment will dispose of both. Sunder Lal was functioning at 918, Gali Chah Sharin, Farash Khana when he was approached by Food Inspector B. R. Kochar on the 23rd of September, 1970, who after disclosing his identity expressed that he wanted to purchase a sample of compounded hing. The Food Inspector purchased 600 grams of compounded hing on payment of Rs. 6.00 Exhibit P.A., the receipt, pertained to the said purchase. On being analysed, the compounded hing was found adulterated. On receiving the report of the Public Analyst Exhibit P. E. a complaint was filed under section 20 of the Prevention of Food Adulteration Act (hereafter called "the Act").
The adulteration found was :-
"...The same is adulterated due to 0.79 excess in total ash per cent and 0.04 excess in ash insoluble in dilute hydrochloric acid percent."
3. The petitioners were prosecuted and convicted under section 16 of the Act. The trial court, in respect of the purchase made by Food Inspector B.R. Kochar, after conv
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